1-1        By:  Barrientos                                 S.B. No. 1333
    1-2        (In the Senate - Filed March 10, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 28, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 28, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1333                By:  Gallegos
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the operations, powers, and duties of the Texas
   1-11  Department of Housing and Community Affairs.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 2306.002, Government Code, is amended to
   1-14  read as follows:
   1-15        Sec. 2306.002.  POLICY.  (a)  The legislature finds that:
   1-16              (1)  every resident of this state should have a decent,
   1-17  safe, and affordable living environment; <and>
   1-18              (2)  government at all levels should be involved in
   1-19  assisting individuals and families of low income in obtaining a
   1-20  decent, safe, and affordable living environment; and
   1-21              (3)  the development and diversification of the
   1-22  economy, the elimination of unemployment or underemployment, and
   1-23  the development or expansion of commerce in this state should be
   1-24  encouraged.
   1-25        (b)  The highest priority of the department is to provide
   1-26  assistance to individuals and families of low and very low income
   1-27  who are not adequately assisted by private enterprise or other
   1-28  governmental programs so that they may obtain affordable housing or
   1-29  other services and programs offered by the department.
   1-30        SECTION 2.  Section 2306.004, Government Code, is amended to
   1-31  read as follows:
   1-32        Sec. 2306.004.  DEFINITIONS.  In this chapter:
   1-33              (1)  "Board" means the governing board of the
   1-34  department.
   1-35              (2)  "Bond" means an evidence of indebtedness or other
   1-36  obligation, regardless of the source of payment, issued by the
   1-37  department under Section 2306.351 et seq. <Subchapter P>, including
   1-38  a bond, note, or bond or revenue anticipation note, regardless of
   1-39  whether the obligation is general or special, negotiable or
   1-40  nonnegotiable, in bearer or registered form, in certified or
   1-41  book-entry form, in temporary or permanent form, or with or without
   1-42  interest coupons.
   1-43              (3)  "Community action agency":
   1-44                    (A)  means an organization:
   1-45                          (i)  that:
   1-46                               (a)  was officially designated as a
   1-47  community action agency or a community action program under Section
   1-48  210 of the Economic Opportunity Act of 1964 (42 U.S.C. Section
   1-49  2790) for federal fiscal year 1981;
   1-50                               (b)  came into existence during
   1-51  federal fiscal year 1982 as a direct successor in interest to such
   1-52  a community action agency or community action program; or
   1-53                               (c)  is designated as a community
   1-54  action agency by the governor in accordance with applicable federal
   1-55  law; and
   1-56                          (ii)  that meets all the requirements of 42
   1-57  U.S.C. Section 9904(c)(3) with respect to the composition of the
   1-58  board; and
   1-59                    (B)  does not include an entity that lost its
   1-60  designation as a community action agency or community action
   1-61  program under Section 210 of the Economic Opportunity Act of 1964
   1-62  (42 U.S.C. Section 2790) as a result of a failure to comply with
   1-63  that Act.
   1-64              (4)  "Department" means the Texas Department of Housing
   1-65  and Community Affairs.
   1-66              (5) <(4)>  "Director" means the executive director of
   1-67  the department.
   1-68              (6) <(5)>  "Economically depressed or blighted area"
    2-1  means an area:
    2-2                    (A)  that has been determined by the department
    2-3  <housing finance division> to be a qualified census tract or an
    2-4  area of chronic economic distress under Section 103A, Internal
    2-5  Revenue Code of 1954 (26 U.S.C. Section 103A); or
    2-6                    (B)  established in a municipality that has a
    2-7  substantial number of substandard, slum, deteriorated, or
    2-8  deteriorating structures and that suffers from a high relative rate
    2-9  of unemployment<; or>
   2-10                    <(C)  that has been designed and included in a
   2-11  tax increment district created under Chapter 695, Acts of the 66th
   2-12  Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas
   2-13  Civil Statutes)>.
   2-14              (7) <(6)>  "Elderly individual" means an individual 60
   2-15  years of age or older.
   2-16              <(7)  "Family of moderate income" means  a family:>
   2-17                    <(A)  that is determined by the board to require
   2-18  assistance, taking into account:>
   2-19                          <(i)  the amount of the total income
   2-20  available for housing needs  of the individuals and families;>
   2-21                          <(ii)  the size of the family;>
   2-22                          <(iii)  the cost and condition of available
   2-23  housing facilities;>
   2-24                          <(iv)  the ability of the individuals and
   2-25  families to compete successfully in the private housing market and
   2-26  to pay the amounts required by private enterprise for sanitary,
   2-27  decent, and safe housing; and>
   2-28                          <(v)  standards established for various
   2-29  federal programs determining eligibility based on income; and>
   2-30                    <(B)  that does not qualify as a family of low
   2-31  income.>
   2-32              (8)  "Federal government" means the United States of
   2-33  America and includes any corporate or other instrumentality of the
   2-34  United States of America, including the Resolution Trust
   2-35  Corporation.
   2-36              (9)  "Federal mortgage" means a mortgage loan for
   2-37  residential housing:
   2-38                    (A)  that is made by the federal government; or
   2-39                    (B)  for which a commitment to make has been
   2-40  given by the federal government.
   2-41              (10)  "Federally assisted new communities" means
   2-42  federally assisted areas that receive or will receive assistance in
   2-43  the form of loan guarantees under Title X of the National Housing
   2-44  Act (12 U.S.C. Section 1701 et seq.), and a portion of that
   2-45  federally assisted area has received grants under Section 107(a)(1)
   2-46  of the Housing and Community Development Act of 1974, as amended
   2-47  (42 U.S.C. Section 5301 et seq.).
   2-48              (11)  "Federally insured mortgage" means a mortgage
   2-49  loan for residential housing that:
   2-50                    (A)  is insured or guaranteed by the federal
   2-51  government; or
   2-52                    (B)  the federal government has committed to
   2-53  insure or guarantee.
   2-54              (12)  "Housing development" means a development that
   2-55  may include:
   2-56                    (A)  property or work or a  project, building,
   2-57  structure, facility, or undertaking, whether existing, new
   2-58  construction, remodeling, improvement, or rehabilitation, that
   2-59  meets or is designed to meet minimum property standards required by
   2-60  the department and that is financed under the provisions of this
   2-61  chapter for the primary purpose of providing sanitary, decent, and
   2-62  safe dwelling accommodations for rent, lease, use, or purchase by
   2-63  individuals and families of low and very low income and families of
   2-64  moderate income in need of housing;
   2-65                    (B)  <.  The term includes:>
   2-66                    <(A)>  buildings, structures, land, equipment,
   2-67  facilities, or other real or personal properties that are
   2-68  necessary, convenient, or desirable appurtenances, including
   2-69  streets, water, sewers, utilities, parks, site preparation,
   2-70  landscaping, stores, offices, and other nonhousing facilities, such
    3-1  as administrative, community, and recreational facilities the
    3-2  department determines to be necessary, convenient, or desirable
    3-3  appurtenances; or <and>
    3-4                    (C) <(B)>  single and multifamily dwellings in
    3-5  rural and urban areas.
    3-6              (13)  "Housing sponsor" means:
    3-7                    (A)  an individual, including an individual or
    3-8  family of low and very low income or family of moderate income, a
    3-9  local government, a public housing authority, a community action
   3-10  agency, a joint venture, partnership, limited partnership, trust,
   3-11  firm, corporation, or a cooperative that is approved by the
   3-12  department as qualified to own, construct, acquire, rehabilitate,
   3-13  operate, manage, or maintain a housing development, subject to the
   3-14  regulatory powers of the department and other terms and conditions
   3-15  in this chapter; or
   3-16                    (B)  in an economically depressed or blighted
   3-17  area, or in a federally assisted new community located within a
   3-18  home-rule municipality, the term may include an individual or
   3-19  family whose income exceeds the moderate income level if at least
   3-20  90 percent of the total mortgage amount available under a mortgage
   3-21  revenue bond issue is designated for individuals and families of
   3-22  low income or families of moderate income.
   3-23              (14)  "Individuals and families of low income" means
   3-24  individuals and families earning not more than 80 percent of the
   3-25  area median income or applicable federal poverty line, as
   3-26  determined under either Section 2306.123 or Section 2306.1231.
   3-27              (15)  "Individuals and families of very low income"
   3-28  means individuals and families earning not more than 60 percent of
   3-29  the area median income or applicable federal poverty line, as
   3-30  determined under either Section 2306.123 or Section 2306.1231.
   3-31              (16)  "Land development" means:
   3-32                    (A)  acquiring land for residential housing
   3-33  construction; and
   3-34                    (B)  making, installing, or constructing
   3-35  nonresidential improvements that the department determines are
   3-36  necessary or desirable for a housing development to be financed by
   3-37  the department, including:
   3-38                          (i)  waterlines and water supply
   3-39  installations;
   3-40                          (ii)  sewer lines and sewage disposal
   3-41  installations;
   3-42                          (iii)  steam, gas, and electric lines and
   3-43  installations; and
   3-44                          (iv)  roads, streets, curbs, gutters, and
   3-45  sidewalks, whether on or off the site.
   3-46              (17)  "Local government" means a county, municipality,
   3-47  special district, or any other political subdivision of the state,
   3-48  a public, nonprofit housing finance corporation created under
   3-49  Chapter 394, Local Government Code, or a combination of those
   3-50  entities.
   3-51              (18)  "Moderate income" means the income level
   3-52  specified by the applicable federal program.
   3-53              (19)  "Mortgage" means an <interest-bearing>
   3-54  obligation, including a mortgage, mortgage deed, bond, note, deed
   3-55  of trust, or other instrument, that is a lien:
   3-56                    (A)  on real property; or
   3-57                    (B)  on a leasehold under a lease having a
   3-58  remaining term that, at the time the lien is acquired, does not
   3-59  expire until after the maturity date of the <interest-bearing>
   3-60  obligation secured by the lien.
   3-61              (20) <(19)>  "Mortgage lender" means a bank, trust
   3-62  company, savings bank, mortgage company, mortgage banker, credit
   3-63  union, national banking association, savings and loan association,
   3-64  life insurance company, or other financial institution authorized
   3-65  to transact business in this state and approved as a mortgage
   3-66  lender by the department or a local government, public housing
   3-67  authority, or nonprofit corporation.
   3-68              (21) <(20)>  "Mortgage loan" means an
   3-69  <interest-bearing> obligation secured by a mortgage.
   3-70              (22) <(21)>  "Municipality" includes only a
    4-1  municipality in this state.
    4-2              (23) <(22)>  "Public agency" means an agency, board,
    4-3  authority, department, commission, political subdivision, municipal
    4-4  corporation, district, public corporation, body politic, or
    4-5  instrumentality of this state, including a county, municipality,
    4-6  housing authority, state-supported institution of higher education,
    4-7  school district, junior college, other district or authority, or
    4-8  other type of governmental entity of this state.
    4-9              (24) <(23)>  "Real estate owned contractor" means a
   4-10  person required to meet the obligations of a contract with the
   4-11  department <housing finance division> for managing and marketing
   4-12  foreclosed property.
   4-13              (25) <(24)>  "Real property" means land, including
   4-14  improvements and fixtures on the land, property of any nature
   4-15  appurtenant to the land or used in connection with the land, and a
   4-16  legal or equitable estate, interest, or right in land, including
   4-17  leasehold interests, terms for years, and a judgment, mortgage, or
   4-18  other lien.
   4-19              (26) <(25)>  "Reserve fund" means the <housing finance
   4-20  division's> reserve fund of the department's bond-financed
   4-21  activities.
   4-22              (27) <(26)>  "Residential housing" means a specific
   4-23  work or improvement undertaken primarily to provide dwelling
   4-24  accommodations, including the acquisition, construction,
   4-25  reconstruction, remodeling, improvement, or rehabilitation of land
   4-26  and buildings and improvements to the buildings for residential
   4-27  housing and other incidental or appurtenant nonhousing facilities.
   4-28              (28) <(27)>  "Servicer" means a person required to meet
   4-29  contractual obligations with the department <housing finance
   4-30  division> or with a mortgage lender relating to a loan financed
   4-31  under Section 2306.221 et seq. <Subchapter J>, including:
   4-32                    (A)  purchasing mortgage certificates backed by
   4-33  mortgage loans;
   4-34                    (B)  collecting principal and interest from the
   4-35  borrower;
   4-36                    (C)  sending principal and interest payments to
   4-37  the department <division>;
   4-38                    (D)  preparing periodic reports;
   4-39                    (E)  notifying the primary mortgage and pool
   4-40  insurers of delinquent and foreclosed loans; and
   4-41                    (F)  filing insurance claims on foreclosed
   4-42  property.
   4-43        SECTION 3.  Subsection (b), Section 2306.021, Government
   4-44  Code, is amended to read as follows:
   4-45        (b)  The department is composed of:
   4-46              (1)  the community affairs division;
   4-47              (2)  the housing finance division; <and>
   4-48              (3)  the community development division; and
   4-49              (4)  any other division created by the director.
   4-50        SECTION 4.  Section 2306.023, Government Code, is amended to
   4-51  read as follows:
   4-52        Sec. 2306.023.  PERSONAL LIABILITY OF BOARD MEMBER OR
   4-53  DIRECTOR <SEPARATION OF DIVISIONS>.  A member of the board or the
   4-54  director is not liable personally for bonds issued or contracts
   4-55  executed by <The duties of the housing finance division shall be
   4-56  kept separate from the duties of the community affairs division and
   4-57  each other division established in> the department or for any other
   4-58  action taken in accordance with the powers and duties authorized by
   4-59  this chapter.
   4-60        SECTION 5.  Section 2306.030, Government Code, is amended by
   4-61  adding Subsection (e) to read as follows:
   4-62        (e)  If neither the presiding officer or assistant presiding
   4-63  officer is present or capable of performing the duties of presiding
   4-64  officer, a majority of the members present may elect another member
   4-65  of the board to perform the duties of presiding officer.
   4-66        SECTION 6.  Section 2306.032, Government Code, is amended to
   4-67  read as follows:
   4-68        Sec. 2306.032.  BOARD MEETINGS.  (a)  <The board shall meet
   4-69  at least three times annually at the call of the presiding officer
   4-70  and other times the board determines are necessary.  The time and
    5-1  place of the other meetings are to be fixed by a majority vote of
    5-2  the board.>
    5-3        <(b)>  The board may hold <special> meetings when called by
    5-4  the presiding officer, the director, or three of the members.
    5-5        (b) <(c)>  The board shall keep complete minutes of board
    5-6  meetings.  The accounts, minutes, and other records shall be kept
    5-7  at the principal office of the department.
    5-8        (c)  The board is subject to the open meetings law, Chapter
    5-9  551, except that the board is not required to conduct an open
   5-10  meeting to discuss proprietary financial matters of a private
   5-11  applicant, borrower, or other recipient of funds.
   5-12        SECTION 7.  Subchapter C, Chapter 2306, Government Code, is
   5-13  amended by amending Section 2306.051 and by adding Section
   5-14  2306.0515 to read as follows:
   5-15        Sec. 2306.051.  BOARD DUTIES.  (a)  The board shall:
   5-16              (1)  adopt policies and procedures governing the
   5-17  administration of the department's programs;
   5-18              (2)  approve program procedures to govern housing loans
   5-19  made by the department under this chapter;
   5-20              (3)  adopt a target strategy for the percentage of
   5-21  mortgage revenue bond proceeds to be made available to individuals
   5-22  and families of low and very low income and families of moderate
   5-23  income;
   5-24              (4)  establish eligibility criteria for participation
   5-25  in the department's programs for individuals and families of low
   5-26  and very low income and families of moderate income; and
   5-27              (5)  approve the annual low income housing plan.
   5-28        (b)  All bonds issued by the department must be authorized by
   5-29  the board.
   5-30        (c)  By action of the board, each division shall have a goal
   5-31  to apply a minimum of 30 percent of the division's housing-related
   5-32  funds toward housing assistance for individuals and families of
   5-33  very low income <consult with and advise the director on the
   5-34  affairs and problems of local government and the work of the
   5-35  department>.
   5-36        Sec. 2306.0515.  FEES; PENALTIES.  (a)  The board shall
   5-37  establish a schedule of fees and penalties relating to the
   5-38  operation of the department's programs, including fees for:
   5-39              (1)  applications, processing, loan commitments,
   5-40  origination, servicing, insurance premiums, mortgage premiums,
   5-41  housing developments, facilities and other services, compliance
   5-42  costs, and other administrative costs;
   5-43              (2)  the cost of regulating housing sponsors, including
   5-44  the cost of:
   5-45                    (A)  examination;
   5-46                    (B)  inspection;
   5-47                    (C)  supervision; and
   5-48                    (D)  auditing; and
   5-49              (3)  reimbursement of the department's financing costs.
   5-50        (b)  The department may assess and collect the fees described
   5-51  by this section and use the funds received for the purposes
   5-52  specified by this chapter.
   5-53        SECTION 8.  Subsection (b), Section 2306.052, Government
   5-54  Code, is amended to read as follows:
   5-55        (b)  The director shall:
   5-56              (1)  administer and organize the work of the department
   5-57  consistent with this chapter and with sound organizational
   5-58  management that promotes efficient and effective operation;
   5-59              (2)  appoint and remove <officers and other> personnel
   5-60  employed by the department<, subject to the annual budget and any
   5-61  resolution authorizing the issuance of bonds under this chapter>;
   5-62              (3)  submit, through and with the approval of the
   5-63  governor and the board, requests for appropriations and other money
   5-64  to operate the department;
   5-65              (4)  administer all money entrusted to the department;
   5-66              (5)  administer all money and investments of the
   5-67  department subject to:
   5-68                    (A)  department indentures and contracts;
   5-69                    (B)  Sections 2306.118-2306.120; and
   5-70                    (C)  an action of the board under Section
    6-1  2306.351 <make an annual report to the governor and the legislature
    6-2  of the department's operations and provide other reports requested
    6-3  by the governor or the legislature>; and
    6-4              (6)  perform other functions that may be assigned by
    6-5  the governor.
    6-6        SECTION 9.  Section 2306.053, Government Code, is amended to
    6-7  read as follows:
    6-8        Sec. 2306.053.  DEPARTMENT POWERS AND DUTIES.  (a)  The
    6-9  department shall<:>
   6-10              <(1)>  maintain suitable headquarters and other offices
   6-11  in this state that the director determines are necessary<; and>
   6-12              <(2)  furnish the information, equipment, and staff
   6-13  necessary to implement the work of the board>.
   6-14        (b)  The department may:
   6-15              (1)  <sue and be sued, or plead and be impleaded;>
   6-16              <(2)>  act for and on behalf of this state;
   6-17              (2) <(3)>  adopt an official seal or alter it;
   6-18              (3) <(4)>  adopt and enforce bylaws and rules;
   6-19              (4) <(5)>  contract with the federal government, state,
   6-20  any public agency, mortgage lender, person, or other entity;
   6-21              (5) <(6)>  designate mortgage lenders to act for the
   6-22  department for the origination, processing, and servicing of the
   6-23  department's mortgage loans under conditions agreed to by the
   6-24  parties;
   6-25              (6) <(7)>  provide, contract, or arrange for
   6-26  consolidated processing of a housing development to avoid
   6-27  duplication;
   6-28              (7) <(8)>  encourage homeless individuals and
   6-29  individuals of low or very low income to attend the department's
   6-30  educational programs and assist those individuals in attending the
   6-31  programs;
   6-32              (8) <(9)>  appoint and determine the qualifications,
   6-33  duties, and tenure of its agents, counselors, and professional
   6-34  advisors, including accountants, appraisers, architects, engineers,
   6-35  financial consultants, housing construction and financing experts,
   6-36  and real estate consultants;
   6-37              (9)  administer federal or state housing, community
   6-38  affairs, or community development programs, including the low
   6-39  income housing tax credit program; <and>
   6-40              (10)  establish eligibility criteria for individuals
   6-41  and families of low and very low income and families of moderate
   6-42  income to participate in and benefit from programs administered by
   6-43  the department;
   6-44              (11)  adopt underwriting standards for loans made or
   6-45  financed by the department;
   6-46              (12)  adopt minimum property standards for housing
   6-47  developments financed or acquired under this chapter;
   6-48              (13)  compile a list of approved mortgage lenders;
   6-49              (14)  obtain, retain, and disseminate its records and
   6-50  other documents in electronic form; and
   6-51              (15)  do all things necessary, convenient, or desirable
   6-52  to carry out the powers expressly granted or necessarily implied by
   6-53  this chapter.
   6-54        (c)  The department is subject to the open records law,
   6-55  Chapter 552, except that the proprietary financial records of a
   6-56  private applicant, borrower, or other recipient of funds are not a
   6-57  public record.
   6-58        SECTION 10.  Section 2306.094, Government Code, is amended
   6-59  and redesignated as Section 2306.054, Subchapter C, Chapter 2306,
   6-60  Government Code, to read as follows:
   6-61        Sec. 2306.054 <2306.094>.  SPECIAL ADVISORY COUNCILS.
   6-62  (a)  The governor or director may<, with the advice of the
   6-63  director,> appoint special advisory councils to:
   6-64              (1)  assist the department <board> in adopting basic
   6-65  policy <for the community affairs division>; or
   6-66              (2)  offer advice on technical aspects of certain
   6-67  programs <that the community affairs division administers>.
   6-68        (b)  A special advisory council is dissolved on completion of
   6-69  its stated purpose unless continued by the governor or director.
   6-70        SECTION 11.  Section 2306.095, Government Code, is amended
    7-1  and redesignated as Section 2306.055, Subchapter C, Chapter 2306,
    7-2  Government Code, to read as follows:
    7-3        Sec. 2306.055 <2306.095>.  TRANSFERS FROM GOVERNOR.  The
    7-4  governor may transfer to any <the community affairs> division
    7-5  personnel, equipment, records, obligations, appropriations,
    7-6  functions, and duties of appropriate divisions of the governor's
    7-7  office.
    7-8        SECTION 12.  Subchapter C, Chapter 2306, Government Code, is
    7-9  amended by adding Section 2306.056 to read as follows:
   7-10        Sec. 2306.056.  COMMITTEES.  (a)  The presiding officer may
   7-11  appoint a committee composed of board members to carry out the
   7-12  board's duties.
   7-13        (b)  The board may consider a recommendation of a committee
   7-14  in making a decision under this chapter.
   7-15        (c)  A committee established under this section is subject to
   7-16  Chapters 551 and 552.
   7-17        SECTION 13.  Subchapter C, Chapter 2306, Government Code, is
   7-18  amended by adding Sections 2306.057 and 2306.058 to read as
   7-19  follows:
   7-20        Sec. 2306.057.  GENERAL DUTIES OF DEPARTMENT.  The department
   7-21  shall:
   7-22              (1)  develop policies and programs designed to increase
   7-23  the number of individuals and families of low and very low income
   7-24  and families of moderate income that participate in its programs;
   7-25              (2)  work with local governments, public agencies,
   7-26  housing sponsors, and nonprofit corporations to provide:
   7-27                    (A)  information on department programs; and
   7-28                    (B)  technical assistance to local governments,
   7-29  public agencies, and nonprofit corporations;
   7-30              (3)  encourage private and nonprofit corporations and
   7-31  state organizations to match the department's funds to assist in
   7-32  providing affordable housing to individuals and families of low and
   7-33  very low income and families of moderate income;
   7-34              (4)  provide matching funds, as available, to local
   7-35  governments, public agencies, housing sponsors, and nonprofit
   7-36  developers who qualify under the department's programs;
   7-37              (5)  administer the state's allocation of federal funds
   7-38  provided under:
   7-39                    (A)  the rental rehabilitation grant program
   7-40  authorized by Section 17, Title I, United States Housing Act of
   7-41  1937 (42 U.S.C. Section 1437o);
   7-42                    (B)  the Cranston-Gonzalez National Affordable
   7-43  Housing Act (42 U.S.C. Section 12704 et seq.); and
   7-44                    (C)  any other federally established affordable
   7-45  housing program; and
   7-46              (6)  administer the state's allocation of federal tax
   7-47  credits provided under the low-income housing tax credit program,
   7-48  under the requirements prescribed by Section 42, Internal Revenue
   7-49  Code of 1986 (26 U.S.C. Section 42), and this chapter, including:
   7-50                    (A)  adopting a qualified allocation plan for
   7-51  each year not later than September 30 of the preceding year;
   7-52                    (B)  adopting all rules governing an application
   7-53  cycle or application cycles, including selection criteria, for any
   7-54  given year not later than October 31 of the preceding year; and
   7-55                    (C)  requiring that applications for a given
   7-56  year's tax credits be received not later than February 1 of that
   7-57  year, and awarding the credits not later than April 15 of that
   7-58  year.
   7-59        Sec. 2306.058.  PAYMENT OF DEPARTMENT OBLIGATIONS AND
   7-60  EXPENSES.  The department shall use available sources of revenue,
   7-61  income, and receipts to:
   7-62              (1)  pay all expenses of the department's operation and
   7-63  maintenance;
   7-64              (2)  pay the principal and interest on department
   7-65  bonds; and
   7-66              (3)  create and maintain the reserves or funds provided
   7-67  by each resolution authorizing the issuance of department bonds.
   7-68        SECTION 14.  Section 2306.065, Government Code, is amended to
   7-69  read as follows:
   7-70        Sec. 2306.065.  DISCRIMINATION PROHIBITED.  An individual may
    8-1  not, because of that individual's race, color, national origin,
    8-2  age, religion, disability, or sex, be excluded from participation,
    8-3  be denied benefits, or be subjected to discrimination in any
    8-4  program or activity funded in whole or in part with funds made
    8-5  available under this chapter.
    8-6        SECTION 15.  Subsection (a), Section 2306.067, Government
    8-7  Code, is amended to read as follows:
    8-8        (a)  The director may enter into <reciprocal> agreements with
    8-9  a state agency or instrumentality or local government to loan or
   8-10  assign department employees to that entity.
   8-11        SECTION 16.  Section 2306.069, Government Code, is amended to
   8-12  read as follows:
   8-13        Sec. 2306.069.  <OUTSIDE> LEGAL COUNSEL.  (a)  The department
   8-14  shall obtain and evaluate information regarding the affirmative
   8-15  action policies and practices of proposed outside legal counsel.
   8-16  The department must include the evaluation in a request to the
   8-17  attorney general for outside legal counsel.
   8-18        (b)  The department may hire in-house legal counsel.  The
   8-19  director shall prescribe the duties of the legal counsel.
   8-20        SECTION 17.  Section 2306.070, Government Code, is amended to
   8-21  read as follows:
   8-22        Sec. 2306.070.  LEGISLATIVE APPROPRIATIONS REQUEST <BUDGET>.
   8-23  In preparing the department's legislative appropriations request,
   8-24  the department shall include, for informational purposes, the
   8-25  operating funds for the department's bond-financed activities <also
   8-26  prepare an operating budget for the housing finance division.  The
   8-27  department shall submit the operating budget to the Legislative
   8-28  Budget Board, the Senate Finance Committee, and the House
   8-29  Appropriations Committee>.
   8-30        SECTION 18.  Subchapter D, Chapter 2306, Government Code, is
   8-31  amended by adding Section 2306.0705 to read as follows:
   8-32        Sec. 2306.0705.  GENERAL APPROPRIATIONS ACT.  (a)  Except as
   8-33  specifically provided by this chapter, the department is subject to
   8-34  the General Appropriations Act.
   8-35        (b)  The proceeds from bonds issued by the department and
   8-36  enterprise funds are not subject to the General Appropriations Act.
   8-37        (c)  In this section, "enterprise funds" means funds used to
   8-38  account for housing-related operations that are financed and
   8-39  operated in a manner similar to a private business enterprise and
   8-40  in which the costs of providing services on a continuing basis are
   8-41  financed or recovered primarily through user charges.
   8-42        SECTION 19.  Section 2306.071, Government Code, is amended to
   8-43  read as follows:
   8-44        Sec. 2306.071.  FUNDS; LOCAL DEPOSITORY FUND.  (a)  The
   8-45  department may request, contract for, receive, and spend for its
   8-46  purposes an appropriation, grant, loan, allocation, subsidy, rent
   8-47  supplement, guarantee, aid, contribution, gift, service, labor, or
   8-48  material from this state, the federal government, or another public
   8-49  or private source.
   8-50        (b)  The funds and revenues of the department's bond-financed
   8-51  activities <housing finance division> shall be kept separate from
   8-52  the department's other funds and revenues <of the other divisions>,
   8-53  and the department <other divisions> may <not> use funds and
   8-54  revenues of the department's bond-financed activities only to
   8-55  administer housing-related programs <housing finance division for
   8-56  any purpose>.
   8-57        (c)  Except for legislative appropriations, funds necessary
   8-58  for the operation of the department's bond-financed activities, and
   8-59  trustee-held funds of the department under a multifamily bond
   8-60  indenture <which shall be kept in the state treasury>, all funds
   8-61  and revenue of the department's bond-financed activities received
   8-62  by the department <housing finance division> are to be kept outside
   8-63  the state treasury.
   8-64        (d)  Legislative appropriations shall be kept in the state
   8-65  treasury.  Trustee-held funds of the department under a multifamily
   8-66  bond indenture are held by the trustee as provided by the
   8-67  indenture.  Operating funds for bond-financed activities shall be
   8-68  kept in the Texas housing local depository fund created under
   8-69  Subsection (e).  The operating funds may be transmitted to payee
   8-70  accounts in financial institutions by electronic means or for
    9-1  processing of state warrants.  Unexpended operating funds shall be
    9-2  reimbursed to the Texas housing local depository fund at the end of
    9-3  each fiscal year.
    9-4        (e)  The Texas housing local depository fund is created as a
    9-5  special fund in the state treasury.  Interest earned on the fund
    9-6  shall be credited to and retained by the fund for the benefit of
    9-7  the fund.  The fund is not subject to Section 403.094 or 403.095.
    9-8        (f)  All other revenue and funds of the department received
    9-9  or payable through the bond-related programs and functions of the
   9-10  department shall be deposited outside the state treasury with
   9-11  either the Texas Treasury Safekeeping Trust Company or with any
   9-12  other depository selected by the department in accordance with
   9-13  Section 2306.119.
   9-14        SECTION 20.  Subchapter D, Government Code, is amended by
   9-15  adding Sections 2306.0721, 2306.0722, and 2306.0723 to read as
   9-16  follows:
   9-17        Sec. 2306.0721.  LOW INCOME HOUSING PLAN.  (a)  Not later
   9-18  than April 1 of each year, the director shall prepare and submit to
   9-19  the board an integrated state low income housing plan for the next
   9-20  year.
   9-21        (b)  Not later than the 30th day after the date the board
   9-22  receives the plan, the board shall submit the plan to the governor
   9-23  and legislature.
   9-24        (c)  The plan shall serve as the basis for the development of
   9-25  any housing strategy to be implemented by the department and must
   9-26  include:
   9-27              (1)  an estimate and analysis of the housing needs of
   9-28  the following populations in the state:
   9-29                    (A)  individuals and families of low and very low
   9-30  income and families of moderate income;
   9-31                    (B)  individuals and families with special needs;
   9-32                    (C)  homeless individuals and families;
   9-33                    (D)  individuals with disabilities;
   9-34                    (E)  migrant farm workers;
   9-35                    (F)  elderly individuals; and
   9-36                    (G)  individuals living in colonias;
   9-37              (2)  a proposal to track all available housing
   9-38  resources to address the housing needs of the populations described
   9-39  by Subdivision (1) by reporting funding levels for all
   9-40  housing-related programs;
   9-41              (3)  an estimate of the number of federally assisted
   9-42  housing units available for individuals and families of low and
   9-43  very low income and individuals with special needs in each uniform
   9-44  state service region in the state;
   9-45              (4)  a description of state programs that govern the
   9-46  use of all available housing resources;
   9-47              (5)  a resource allocation plan that targets all
   9-48  available housing resources to individuals and families of low and
   9-49  very low income, families of moderate income, individuals and
   9-50  families with special needs, and homeless individuals and families;
   9-51              (6)  a description of the unused or underused federal
   9-52  resources of other state agencies for housing-related services and
   9-53  services for homeless individuals and the department's
   9-54  recommendations to ensure the full use by the state of all
   9-55  available federal resources for those services;
   9-56              (7)  strategies to provide housing for individuals and
   9-57  families with special needs and homeless individuals and families;
   9-58              (8)  a comprehensive statement of the activities of the
   9-59  department during the preceding fiscal year to address the needs
   9-60  identified in the plan, including:
   9-61                    (A)  a statistical and narrative analysis of the
   9-62  department's performance in addressing the housing needs of
   9-63  individuals and families of low and very low income and families of
   9-64  moderate income;
   9-65                    (B)  the ethnic or racial composition of
   9-66  individuals and families applying for and receiving assistance from
   9-67  each housing program administered by the department; and
   9-68                    (C)  the department's progress in meeting the
   9-69  goals established in the previous housing plan;
   9-70              (9)  an explanation of the efforts made by the
   10-1  department to ensure the participation of individuals of low income
   10-2  and their community-based institutions in department programs that
   10-3  affect them;
   10-4              (10)  an explanation of the efforts that the department
   10-5  has made to ensure that individuals of low income and their
   10-6  community-based institutions are involved in the allocation of
   10-7  funds and the planning process;
   10-8              (11)  a statistical analysis, delineated according to
   10-9  each ethnic and racial group served by the department, that
  10-10  indicates the progress made by the department in implementing the
  10-11  state low income housing plan in each of the uniform state service
  10-12  regions;
  10-13              (12)  a statistical analysis of each housing
  10-14  development that receives financial assistance from the department
  10-15  that includes the following information for each housing
  10-16  development that contains 20 or more living units:
  10-17                    (A)  the street address and municipality or
  10-18  county in which the property is located;
  10-19                    (B)  the total number of units reported by
  10-20  bedroom size;
  10-21                    (C)  the total number of units designed for
  10-22  individuals who are physically disabled or who have special needs
  10-23  and the number of these individuals served annually as reported by
  10-24  each housing sponsor;
  10-25                    (D)  average rents reported by region, as defined
  10-26  in the comprehensive housing affordability strategy;
  10-27                    (E)  the race or ethnic makeup of each project as
  10-28  reported annually by each housing sponsor;
  10-29                    (F)  the number of units occupied by individuals
  10-30  receiving government-supported housing assistance as reported by
  10-31  each housing sponsor;
  10-32                    (G)  a statement as to whether the department has
  10-33  been notified of a violation of the fair housing law that has been
  10-34  filed with the United States Department of Housing and Urban
  10-35  Development, the Commission on Human Rights, or the United States
  10-36  Department of Justice;
  10-37                    (H)  a statement as to whether the development
  10-38  has any instances of material noncompliance with bond indentures or
  10-39  financing agreements discovered through the normal monitoring
  10-40  activities and procedures that include meeting occupancy
  10-41  requirements or rent restrictions imposed by financing agreements;
  10-42  and
  10-43                    (I)  a statement as to whether the housing
  10-44  development owner has an affirmative marketing program in place
  10-45  that is effective in promoting fair housing;
  10-46              (13)  a description of the activities of the department
  10-47  to increase the capacity of nonprofit organizations in this state
  10-48  to provide housing; and
  10-49              (14)  a description of the activities of the department
  10-50  to ensure that housing developments funded by the department
  10-51  affirmatively further fair housing.
  10-52        Sec. 2306.0722.  PREPARATION OF PLAN.  In preparing the state
  10-53  low income housing plan under Section 2306.0721, the director
  10-54  shall:
  10-55              (1)  coordinate the department's housing resources,
  10-56  including tax exempt housing bond financing and low income housing
  10-57  tax credits;
  10-58              (2)  in allocating the department's available housing
  10-59  resources, give priority to helping the neediest individuals;
  10-60              (3)  ensure that the department's housing programs
  10-61  benefit an individual without regard to the individual's race,
  10-62  ethnicity, sex, or national origin;
  10-63              (4)  develop housing opportunities for individuals and
  10-64  families of low and very low income, families of moderate income,
  10-65  and individuals with special housing needs;
  10-66              (5)  develop housing programs through an open, fair,
  10-67  and public process;
  10-68              (6)  set priorities for assistance in a manner that is
  10-69  appropriate and consistent with the housing needs of the
  10-70  populations described by Section 2306.0721(c)(1); and
   11-1              (7)  incorporate recommendations that are consistent
   11-2  with the comprehensive housing affordability strategy, or its
   11-3  successor, submitted annually by the state to the United States
   11-4  Department of Housing and Urban Development.
   11-5        Sec. 2306.0723.  PUBLIC HEARINGS.  (a)  The department shall
   11-6  hold a public hearing on the state low income housing plan before
   11-7  the director submits the plan to the board.
   11-8        (b)  The board shall hold a public hearing on the state low
   11-9  income housing plan before the board submits the plan to the
  11-10  governor and legislature.
  11-11        (c)  The board shall include with the plan the board submits
  11-12  to the governor and legislature a written report of public comments
  11-13  on the plan.
  11-14        SECTION 21.  Subsection (a), Section 2306.073, Government
  11-15  Code, is amended to read as follows:
  11-16        (a)  The director, with the approval of the board, shall
  11-17  appoint an internal auditor who reports directly to the board and
  11-18  serves at the pleasure of the board <on matters concerning housing
  11-19  finance, the community affairs division, or any other division>.
  11-20        SECTION 22.  Section 2306.074, Government Code, is amended by
  11-21  amending Subsection (a) and by adding Subsection (c) to read as
  11-22  follows:
  11-23        (a)  The state auditor or a certified public accountant shall
  11-24  audit the department's books and accounts each fiscal year and file
  11-25  a copy of the audit with the governor and the legislature on or
  11-26  before March <January> 1 of each year.  If the state auditor is
  11-27  conducting the audit and it is not available by March <January> 1,
  11-28  it must be filed as soon as it is available.
  11-29        (c)  An independent auditor annually shall conduct an audit
  11-30  of the department's bond-related activities to determine the amount
  11-31  of unencumbered fund balances that is greater than the amount
  11-32  required for the reserve fund.  The independent auditor shall
  11-33  submit the report to the board not later than December 31 of each
  11-34  year.
  11-35        SECTION 23.  Section 2306.075, Government Code, is amended to
  11-36  read as follows:
  11-37        Sec. 2306.075.  TAX EXEMPTION; OTHER PAYMENTS.  (a)  The
  11-38  property of the department, its income, and its operations are
  11-39  exempt from all taxes and assessments imposed by this state and all
  11-40  public agencies on property acquired or used by the department
  11-41  under this chapter.
  11-42        (b)  The department may, under its terms, conditions, and
  11-43  procedures, pay public agencies in lieu of ad valorem taxes on
  11-44  property that the department acquires through foreclosure or sale
  11-45  under a deed of trust.
  11-46        (c)  The department shall make payments under this section
  11-47  instead of paying taxes whenever practicable with money lawfully
  11-48  available for this purpose, subject to the provisions of any bond
  11-49  resolution.
  11-50        SECTION 24.  Subchapter D, Chapter 2306, Government Code, is
  11-51  amended by adding Sections 2306.076, 2306.077, 2306.078, and
  11-52  2306.089 to read as follows:
  11-53        Sec. 2306.076.  INSURANCE.  (a)  The board may purchase from
  11-54  department funds liability insurance for the director and employees
  11-55  and board members and officers.
  11-56        (b)  The board may purchase the insurance in an amount the
  11-57  board considers reasonably necessary to:
  11-58              (1)  insure against reasonably foreseeable liabilities;
  11-59  and
  11-60              (2)  provide for all costs of defending against those
  11-61  liabilities, including court costs and attorney's fees.
  11-62        (c)  The department may obtain insurance coverage of any
  11-63  kind, and pay premiums for that coverage, in amounts and from
  11-64  insurers as the department considers necessary or advisable.
  11-65        Sec. 2306.077.  ACQUISITION AND USE OF MONEY; DEPOSITORIES.
  11-66  The department may:
  11-67              (1)  acquire, hold, invest, deposit, use, and spend its
  11-68  income and revenue, from whatever source; and
  11-69              (2)  select its depository or depositories, subject
  11-70  only to the provisions of:
   12-1                    (A)  this chapter; and
   12-2                    (B)  a covenant relating to the department's
   12-3  bonds.
   12-4        Sec. 2306.078.  INVESTMENTS.  Subject to a resolution
   12-5  authorizing issuance of department bonds, the department may:
   12-6              (1)  invest department money in bonds, obligations,
   12-7  uncollateralized guaranteed investment agreements, or other
   12-8  securities; or
   12-9              (2)  place department money in demand or time deposits,
  12-10  whether or not evidenced by certificates of deposit.
  12-11        Sec. 2306.079.  HEARINGS.  The department may:
  12-12              (1)  conduct hearings; and
  12-13              (2)  take testimony and proof, under oath, at public
  12-14  hearings, on matters necessary to carry out the department's
  12-15  purposes.
  12-16        Sec. 2306.080.  INVESTIGATIONS.  The department may:
  12-17              (1)  investigate housing conditions and the means for
  12-18  improving those conditions; and
  12-19              (2)  determine the location of slum or blighted areas.
  12-20        Sec. 2306.081.  ENCOURAGING HOME OWNERSHIP.  The department
  12-21  may encourage individual or cooperative home ownership among
  12-22  individuals and families of low and very low income and families of
  12-23  moderate income.
  12-24        Sec. 2306.082.  TARGETING BOND PROCEEDS.  The department may
  12-25  target the proceeds from housing bonds issued by the department to:
  12-26              (1)  a geographic area or areas of the state;
  12-27              (2)  areas of special need; or
  12-28              (3)  subgroups of this state's population according to
  12-29  income.
  12-30        Sec. 2306.083.  LOANS TO LENDERS.  The department may make
  12-31  loans to mortgage lenders, public agencies, or other housing
  12-32  sponsors and use the proceeds to make loans for multifamily housing
  12-33  developments to be substantially occupied by individuals and
  12-34  families of low and very low income or families of moderate income.
  12-35        Sec. 2306.084.  NEEDS OF QUALIFYING INDIVIDUALS AND FAMILIES
  12-36  IN RURAL AREAS AND SMALL MUNICIPALITIES.  The department may adopt
  12-37  a target strategy to ensure that the credit and housing needs of
  12-38  qualifying individuals and families who reside in rural areas and
  12-39  small municipalities are equitably served by the department.
  12-40        Sec. 2306.085.  ACQUISITION AND DISPOSITION OF REAL ESTATE
  12-41  OWNED PROPERTY.  In performing duties and exercising powers under
  12-42  this chapter, the department may:
  12-43              (1)  acquire, own, rent, lease, accept, hold, or
  12-44  dispose of any real, personal, or mixed property, or any interest
  12-45  in property, including a right or easement, by purchase, exchange,
  12-46  gift, assignment, transfer, foreclosure, sale, lease, or otherwise;
  12-47              (2)  hold, manage, operate, or improve real, personal,
  12-48  or mixed property; or
  12-49              (3)  lease or rent land or a dwelling, house,
  12-50  accommodation, building, structure, or facility from a private
  12-51  entity.
  12-52        Sec. 2306.086.  TRANSFER AND DISPOSITION OF PROPERTY; MANNER
  12-53  OF SALE.  (a)  The department may:
  12-54              (1)  sell, assign, lease, encumber, mortgage, or
  12-55  otherwise dispose of real, personal, or mixed property, an interest
  12-56  in property, or a deed of trust or mortgage lien interest owned by
  12-57  the department or under its control, custody, or possession; and
  12-58              (2)  release or relinquish a right, title, claim, lien,
  12-59  interest, easement, or demand acquired in any manner, including an
  12-60  equity or right of redemption in property foreclosed by the
  12-61  department.
  12-62        (b)  Notwithstanding any other law, the department may
  12-63  conduct a public or private sale, with or without public bidding,
  12-64  to implement its powers under this section.
  12-65        Sec. 2306.087.  POLICIES REGARDING HOUSING DEVELOPMENTS.  The
  12-66  department may adopt and publish policies and procedures regarding:
  12-67              (1)  the making of mortgage loans under this chapter;
  12-68              (2)  the regulation of borrowers;
  12-69              (3)  the construction of ancillary commercial
  12-70  facilities; and
   13-1              (4)  resale and disposition of real property, or an
   13-2  interest in the property, that is financed by the department.
   13-3        Sec. 2306.088.  COURT ACTIONS.  (a)  The department may
   13-4  institute a court action under this chapter against a housing
   13-5  sponsor who receives assistance or owns a housing development to:
   13-6              (1)  enforce this chapter;
   13-7              (2)  enforce the terms and provisions of an agreement
   13-8  or contract between the department and the recipient of assistance
   13-9  under this chapter, including provisions regarding rental or
  13-10  carrying charges and income limits as applied to tenants or
  13-11  occupants;
  13-12              (3)  foreclose its mortgage; or
  13-13              (4)  protect:
  13-14                    (A)  the public interest;
  13-15                    (B)  individuals and families of low and very low
  13-16  income or families of moderate income;
  13-17                    (C)  stockholders; or
  13-18                    (D)  creditors of the housing sponsor.
  13-19        (b)  In a proceeding under this section, the department may
  13-20  apply for the appointment of a trustee or receiver to assume the
  13-21  management and operation of the affairs of a housing sponsor.
  13-22        (c)  The department, through its designated agent, may accept
  13-23  appointment as trustee or receiver of a housing sponsor when
  13-24  appointed by a court of competent jurisdiction.
  13-25        Sec. 2306.089.  INTEREST RATES.  (a)  The department shall
  13-26  set the interest rates at which the department makes loans and loan
  13-27  commitments.
  13-28        (b)  The interest rates shall be set to produce, when
  13-29  combined with other available funds, at least the amounts required
  13-30  to pay for the costs of operation of the department's bond-financed
  13-31  activities and to meet its covenants with and responsibilities to
  13-32  the holders of its bonds.
  13-33        SECTION 25.  The heading of Subchapter E, Chapter 2306,
  13-34  Government Code, is amended to read as follows:
  13-35            SUBCHAPTER E.  COMMUNITY AFFAIRS AND COMMUNITY
  13-36                    DEVELOPMENT PROGRAMS <DIVISION>
  13-37        SECTION 26.  Section 2306.092, Government Code, is amended to
  13-38  read as follows:
  13-39        Sec. 2306.092.  DUTIES.  The department, through the
  13-40  community affairs division or any other division, shall:
  13-41              (1)  maintain communication with local governments and
  13-42  act as an advocate for local governments at the state and federal
  13-43  levels;
  13-44              (2)  assist local governments with advisory and
  13-45  technical services;
  13-46              (3)  provide financial aid to local governments and
  13-47  combinations of local governments for programs that are authorized
  13-48  to receive assistance;
  13-49              (4)  provide information about and referrals for state
  13-50  and federal programs and services that affect local governments;
  13-51              (5)  administer, conduct, or jointly sponsor
  13-52  educational and training programs for local government officials;
  13-53              (6)  conduct research on problems of general concern to
  13-54  local governments;
  13-55              (7)  collect, publish, and distribute information
  13-56  useful to local governments, including information on:
  13-57                    (A)  local government finances and employment;
  13-58                    (B)  housing;
  13-59                    (C)  population characteristics; and
  13-60                    (D)  land-use patterns;
  13-61              (8)  encourage cooperation among local governments as
  13-62  appropriate;
  13-63              (9)  advise and inform the governor and the legislature
  13-64  about the affairs of local governments and recommend necessary
  13-65  action;
  13-66              (10)  assist the governor in coordinating federal and
  13-67  state activities affecting local governments;
  13-68              (11)  administer, as appropriate:
  13-69                    (A)  state responsibilities for programs created
  13-70  under the federal Economic Opportunity Act of 1964 (42 U.S.C.
   14-1  Section 2701 et seq.);
   14-2                    (B)  programs assigned to the department under
   14-3  the Omnibus Budget Reconciliation Act of 1981 (Pub.L. No. 97-35);
   14-4  and
   14-5                    (C)  other federal acts creating economic
   14-6  opportunity programs assigned to the department;
   14-7              (12)  adopt rules that are necessary and proper to
   14-8  carry out programs and responsibilities assigned by the legislature
   14-9  or the governor; and
  14-10              (13)  perform other duties relating to local government
  14-11  that are assigned by the legislature or the governor.
  14-12        SECTION 27.  Section 2306.096, Government Code, is amended to
  14-13  read as follows:
  14-14        Sec. 2306.096.  SERVICES FOR HOMELESS <MULTIPURPOSE HUMAN
  14-15  RESOURCE CENTERS>.  The department shall administer the state's
  14-16  allocation of federal funds provided under the Emergency Shelter
  14-17  Grants Program (42 U.S.C. Section 11371 et seq.) or its successor
  14-18  program, and any other federal funds provided for the benefit of
  14-19  homeless individuals and families.  <(a)  To provide the most
  14-20  effective and efficient delivery of human resource services to
  14-21  individuals and families of low income, as well as the total
  14-22  population, the department, through the community affairs division,
  14-23  may establish multipurpose human resource centers in various
  14-24  communities.>
  14-25        <(b)  The department, through the community affairs division,
  14-26  may:>
  14-27              <(1)  locate and lease with state funds suitable office
  14-28  space at the community level that is easily accessible to clients
  14-29  of human resource service delivery agencies; and>
  14-30              <(2)  make the space available to those agencies.>
  14-31        <(c)  A state or local government agency or a private,
  14-32  nonprofit human resource agency that has filed with the state a
  14-33  state or regional plan for delivery of human resource services is
  14-34  eligible to place staff in a community multipurpose human resource
  14-35  service center.>
  14-36        <(d)  The department shall report annually to the governor
  14-37  and the legislature the agencies that are and are not placing human
  14-38  resource delivery staff in available community multipurpose human
  14-39  resource service centers.>
  14-40        <(e)  The Community Multipurpose Human Resource Service
  14-41  Center Fund is in the state treasury.  The fund shall be used to
  14-42  provide:>
  14-43              <(1)  the state's share of the rental costs for
  14-44  community multipurpose human resource service centers; and>
  14-45              <(2)  the administrative costs of the centers'
  14-46  operation.>
  14-47        SECTION 28.  Section 2306.097, Government Code, is amended to
  14-48  read as follows:
  14-49        Sec. 2306.097.  ENERGY SERVICES PROGRAM FOR LOW-INCOME
  14-50  INDIVIDUALS.  (a)  <The Energy Services Program for Low-Income
  14-51  Individuals is in the community affairs division.>
  14-52        <(b)>  The program shall operate in conjunction with the
  14-53  community services <service> block grant program and has
  14-54  jurisdiction and responsibility for administration of the following
  14-55  elements of the State Low-Income Energy Assistance Program, from
  14-56  whatever sources funded:
  14-57              (1)  the Energy Crisis Intervention Program; <and>
  14-58              (2)  the weatherization program; and
  14-59              (3)  the Low-Income Home Energy Assistance Program.
  14-60        (b)  The energy services program for low-income individuals
  14-61  may facilitate the development and implementation of partnerships,
  14-62  agreements, or other arrangements with energy providers,
  14-63  nongovernmental sector interests, and regulatory entities under
  14-64  which nonfederal financial assistance may be made available to
  14-65  support energy-related services for low-income energy consumers.
  14-66        SECTION 29.  Subsection (a), Section 2306.098, Government
  14-67  Code, is amended to read as follows:
  14-68        (a)  The department<, through the community affairs
  14-69  division,> shall, under the Omnibus Budget Reconciliation Act of
  14-70  1981 (Pub.L. No. 97-35) and 24 CFR, Part 570, Subpart I, administer
   15-1  the state's allocation of federal funds provided under the
   15-2  community development block grant nonentitlement program authorized
   15-3  by Title I of the Housing and Community Development Act of 1974 (42
   15-4  U.S.C. Section 5301 et seq.).
   15-5        SECTION 30.  Section 2306.099, Government Code, is amended to
   15-6  read as follows:
   15-7        Sec. 2306.099.  ECONOMIC DEVELOPMENT ACTIVITIES <TRANSFER OF
   15-8  FEDERAL FUNDS>.  (a)  The department may enter into an interagency
   15-9  agreement with the Texas Department of Commerce to reimburse the
  15-10  Texas Department of Commerce for providing on behalf of the
  15-11  department marketing, underwriting, and other services from the
  15-12  portion of the federal funds allocated by the department for
  15-13  economic development activities.
  15-14        (b)  The department shall allocate <transfer> not more than
  15-15  20 percent of the federal community development block grant funds
  15-16  received by the department <to the Texas Department of Commerce to
  15-17  be used> for economic development activities.
  15-18        (c)  The activities by <(b)  Federal funds transferred under
  15-19  this section include the amount of federal funds designated for
  15-20  administrative expenses under federal law.>
  15-21        <(c)  Income received from economic development programs of
  15-22  the Texas Department of Commerce remain with that agency.>
  15-23        <(d)  Use of funds transferred under this section must be
  15-24  approved by the department.>
  15-25        <(e)  A rule of> the Texas Department of Commerce <relating
  15-26  to funds transferred> under this section must be approved by the
  15-27  department.
  15-28        <(f)  The Texas Department of Commerce shall return to the
  15-29  department under an interagency agreement federal funds transferred
  15-30  under this section that are not used in a timely manner under
  15-31  federal guidelines.>
  15-32        SECTION 31.  The heading of Subchapter F, Chapter 2306,
  15-33  Government Code, is amended to read as follows:
  15-34        SUBCHAPTER F.  BUDGET; FUNDS <HOUSING FINANCE DIVISION:
  15-35                          GENERAL PROVISIONS>
  15-36        SECTION 32.  Subsections (a) and (b), Section 2306.112,
  15-37  Government Code, are amended to read as follows:
  15-38        (a)  On or before August 1 of each year, the director shall
  15-39  file with the board a proposed annual budget for the department
  15-40  <housing finance division> for the succeeding fiscal year.
  15-41        (b)  The budget shall state:
  15-42              (1)  the general categories of expected expenditures
  15-43  from revenues and income of the department <housing finance
  15-44  division>;
  15-45              (2)  the amount of expected expenditures for each
  15-46  category;
  15-47              (3)  expected operating expenses of the department
  15-48  <housing finance division>; and
  15-49              (4)  the proposed use of projected year-end
  15-50  unencumbered balances.
  15-51        SECTION 33.  Section 2306.113, Government Code, is amended to
  15-52  read as follows:
  15-53        Sec. 2306.113.  BOARD CONSIDERATION OF ANNUAL BUDGET.  On or
  15-54  before September 1 of each year, the board shall consider the
  15-55  director's proposed annual budget for the department <housing
  15-56  finance division> and shall approve or change the budget as the
  15-57  board determines necessary or advisable.
  15-58        SECTION 34.  Subsection (a), Section 2306.114, Government
  15-59  Code, is amended to read as follows:
  15-60        (a)  Copies of the annual budget certified by the presiding
  15-61  officer of the board shall be filed promptly with the governor <and
  15-62  the legislature>.
  15-63        SECTION 35.  Subsection (b), Section 2306.116, Government
  15-64  Code, is amended to read as follows:
  15-65        (b)  An amended annual budget does not supersede a prior
  15-66  budget until it is filed with the governor <and the legislature>.
  15-67        SECTION 36.  Section 2306.117, Government Code, is amended to
  15-68  read as follows:
  15-69        Sec. 2306.117.  PAYMENT OF EXPENSES; INDEBTEDNESS.  (a)  The
  15-70  expenses incurred in carrying out the functions of the department
   16-1  relating to bond-financed activities <housing finance division> may
   16-2  be paid only from revenues or funds provided under this chapter.
   16-3        (b)  This chapter does not authorize the department <housing
   16-4  finance division> to incur debt or liability on behalf of or
   16-5  payable by the state, except as provided by this chapter or other
   16-6  law.
   16-7        SECTION 37.  Subsections (a), (b), (d), and (e), Section
   16-8  2306.119, Government Code, are amended to read as follows:
   16-9        (a)  The department shall choose a depository for the
  16-10  <operating> funds described by Section 2306.071(f) <of the housing
  16-11  finance division> after inviting bids for favorable interest rates.
  16-12        (b)  The department <housing finance division> shall publish
  16-13  notice in at least one newspaper of general circulation in this
  16-14  state no later than the 14th day before the last day set for the
  16-15  receipt of the bids.
  16-16        (d)  Sealed bids must be:
  16-17              (1)  identified on the envelope as bids; and
  16-18              (2)  submitted to the department <housing finance
  16-19  division> before the deadline for receiving bids.
  16-20        (e)  The department <housing finance division> shall provide
  16-21  a tabulation of all submitted bids for public inspection.
  16-22        SECTION 38.  Section 2306.120, Government Code, is amended to
  16-23  read as follows:
  16-24        Sec. 2306.120.  SELECTION OF DEPOSITORY UNDER COVENANTS OF
  16-25  BONDS OR TRUST INDENTURES.  <(a)>  If covenants related to the
  16-26  department's bonds or the trust indentures governing the bonds
  16-27  specify one or more depositories or set out a method of selecting
  16-28  depositories different from the method required by this subchapter,
  16-29  the covenants prevail regarding the funds to which they apply <and
  16-30  the funds are not required to be deposited with the Texas Treasury
  16-31  Safekeeping Trust Company>.
  16-32        <(b)  Bonds of the housing finance division issued under
  16-33  trust indentures executed or resolutions adopted on or after
  16-34  September 1, 1991, may not include a covenant that interferes with
  16-35  the deposit of funds in the Texas Treasury Safekeeping Trust
  16-36  Company.>
  16-37        SECTION 39.  Section 2306.121, Government Code, is amended to
  16-38  read as follows:
  16-39        Sec. 2306.121.  RECORDS.  The department <housing finance
  16-40  division> shall keep complete records and accounts of its business
  16-41  transactions relating to the bond-financed activities of the
  16-42  department according to generally accepted accounting principles.
  16-43        SECTION 40.  Subchapter F, Government Code, is amended by
  16-44  adding Section 2306.1231 to read as follows:
  16-45        Sec. 2306.1231.  FEDERAL POVERTY LINE.  The department shall
  16-46  use the applicable federal poverty line in determining eligibility
  16-47  for each federal or state program administered by the department
  16-48  that requires poverty instead of area median income to be used as a
  16-49  criterion of program eligibility.
  16-50        SECTION 41.  The heading to Subchapter I, Chapter 2306,
  16-51  Government Code, is amended to read as follows:
  16-52                   SUBCHAPTER I.  HOUSING TRUST FUND
  16-53                      <FINANCE DIVISION:  FUNDS>
  16-54        SECTION 42.  Section 2306.201, Government Code, is amended to
  16-55  read as follows:
  16-56        Sec. 2306.201.  HOUSING TRUST FUND.  (a)  The housing trust
  16-57  fund is a fund<:>
  16-58              <(1)>  administered by the department.  The fund may be
  16-59  <through the housing finance division; and>
  16-60              <(2)>  placed with the Texas Treasury Safekeeping Trust
  16-61  Company.
  16-62        (b)  The fund consists of:
  16-63              (1)  appropriations or transfers made to the fund;
  16-64              (2)  unencumbered fund balances; <and>
  16-65              (3)  public or private gifts or grants;
  16-66              (4)  investment income; and
  16-67              (5)  proceeds from real estate operations and
  16-68  transactions.
  16-69        SECTION 43.  Section 2306.202, Government Code, is amended to
  16-70  read as follows:
   17-1        Sec. 2306.202.  USE OF HOUSING TRUST FUND.  (a)  The
   17-2  department<, through the housing finance division,> shall use the
   17-3  housing trust fund to provide loans, grants, or other comparable
   17-4  forms of assistance to local units of government, public housing
   17-5  authorities, nonprofit organizations, and income-eligible
   17-6  individuals, families, and households to finance, acquire,
   17-7  rehabilitate, and develop decent, safe, and sanitary housing.
   17-8        (b)  Use of the fund is limited to providing:
   17-9              (1)  assistance for individuals and families of low and
  17-10  very low income; and
  17-11              (2)  technical assistance and capacity building to
  17-12  nonprofit organizations engaged in developing housing for
  17-13  individuals and families of low and very low income.
  17-14        SECTION 44.  Section 2306.203, Government Code, is amended to
  17-15  read as follows:
  17-16        Sec. 2306.203.  RULES REGARDING ADMINISTRATION OF HOUSING
  17-17  TRUST FUND.  The department <board> shall adopt rules to administer
  17-18  the housing trust fund, including rules providing:
  17-19              (1)  that <the division give> priority is given to
  17-20  programs that maximize other <federal> resources;
  17-21              (2)  for a process to set priorities for use of the
  17-22  fund, including the distribution of fund resources under a request
  17-23  for a proposal process developed and approved by the board;
  17-24              (3)  that the criteria used to rank proposals will
  17-25  include the:
  17-26                    (A)  leveraging of other <federal> resources;
  17-27                    (B)  cost-effectiveness of a proposed
  17-28  development; and
  17-29                    (C)  extent to which individuals and families of
  17-30  very low income are served by the development;
  17-31              (4)  that funds may not be made available to a
  17-32  development that permanently and involuntarily displaces
  17-33  individuals and families of low income;
  17-34              (5)  that the board attempt to allocate funds to
  17-35  achieve a broad geographical distribution with:
  17-36                    (A)  special emphasis on equitably serving rural
  17-37  and nonmetropolitan areas; and
  17-38                    (B)  consideration of the number and percentage
  17-39  of income-qualified families in different geographical areas; and
  17-40              (6)  that multifamily housing developed or
  17-41  rehabilitated through the fund remain affordable to
  17-42  income-qualified households for at least 20 years.
  17-43        SECTION 45.  Subsections (a), (c), (d), and (e), Section
  17-44  2306.205, Government Code, are amended to read as follows:
  17-45        (a)  Except as provided by Subsections (c), (d), and (e), not
  17-46  later than January 10 of each year the department <housing finance
  17-47  division> shall transfer to the housing trust fund an amount, as
  17-48  determined by the audit report prepared under Section 2306.074(c)
  17-49  <2306.204>, equal to one-half of the department's <housing finance
  17-50  division's> unencumbered fund balances in excess of two percent of
  17-51  the department's <division's> total bonded indebtedness that is not
  17-52  rated on its own merits in the highest long-term debt rating
  17-53  category by one or more nationally recognized rating agencies.
  17-54        (c)  If, at the time an annual audit required by Section
  17-55  2306.074(c) <2306.204> is concluded, the department's <housing
  17-56  finance division's> unencumbered fund balances exceed four percent
  17-57  of its total bonded indebtedness that is not rated on its own
  17-58  merits in the highest long-term debt rating category, the
  17-59  department shall transfer not later than January 10 of the next
  17-60  year all amounts in excess of that four percent.
  17-61        (d)  If, at the time an annual audit required by Section
  17-62  2306.074(c) <2306.204> is concluded, a nationally recognized rating
  17-63  agency has recommended that the department <housing finance
  17-64  division> maintain unencumbered fund balances in excess of the
  17-65  amount permitted by Subsection (a) to achieve or maintain a rating
  17-66  of at least Aa/A+ on all or a portion of the bonded indebtedness of
  17-67  the department <housing finance division> that is issued under an
  17-68  open indenture or an open flow of funds, the department shall
  17-69  transfer not later than January 10 of the next year all amounts in
  17-70  excess of the amount required by the rating agency to be held as
   18-1  unencumbered fund balances.
   18-2        (e)  If, at the time an annual audit required by Section
   18-3  2306.074(c) <2306.204> is concluded, a nationally recognized rating
   18-4  agency has recommended that the department <housing finance
   18-5  division> increase the amount of its unencumbered fund balances to
   18-6  achieve or maintain a financially sound condition or to prevent a
   18-7  decrease in the long-term debt rating maintained on all or a
   18-8  portion of the department's <housing finance division's> bonded
   18-9  indebtedness, the department <housing finance division> may not
  18-10  make further annual transfers to the housing trust fund until all
  18-11  requirements and conditions of the rating agency have been met.
  18-12        SECTION 46.  Section 2306.207, Government Code, is amended to
  18-13  read as follows:
  18-14        Sec. 2306.207.  RESERVE FUND.  (a)  The department <housing
  18-15  finance division> may create a reserve fund with the state
  18-16  treasurer out of:
  18-17              (1)  proceeds from the sale of the department's
  18-18  <division's> bonds; or
  18-19              (2)  other resources.
  18-20        (b)  The reserve fund is additional security for the
  18-21  department's <division's> bonds.
  18-22        SECTION 47.  The heading to Subchapter J, Chapter 2306,
  18-23  Government Code, is amended to read as follows:
  18-24              SUBCHAPTER J.  HOUSING <FINANCE DIVISION:>
  18-25                       LOAN TERMS AND CONDITIONS
  18-26        SECTION 48.  Section 2306.223, Government Code, is amended to
  18-27  read as follows:
  18-28        Sec. 2306.223.  CRITERIA FOR FINANCING HOUSING DEVELOPMENT OF
  18-29  HOUSING SPONSOR.  Notwithstanding any other provision of this
  18-30  chapter, the department may not finance a housing development
  18-31  undertaken by a housing sponsor under this chapter, unless the
  18-32  department first determines that:
  18-33              (1)  the housing development is necessary to provide
  18-34  needed decent, safe, and sanitary housing at rentals or prices that
  18-35  individuals or families of low and very low income or families of
  18-36  moderate income can afford;
  18-37              (2)  the housing sponsor undertaking the proposed
  18-38  housing development will supply well-planned and well-designed
  18-39  housing for individuals or families of low and very low income or
  18-40  families of moderate income;
  18-41              (3)  the housing sponsor is financially responsible;
  18-42              (4)  the financing of the housing development is a
  18-43  public purpose and will provide a public benefit; and
  18-44              (5)  the housing development will be undertaken within
  18-45  the authority granted by this chapter to the department <housing
  18-46  finance division> and the housing sponsor.
  18-47        SECTION 49.  Section 2306.224, Government Code, is amended to
  18-48  read as follows:
  18-49        Sec. 2306.224.  HOUSING LOAN TERMS AND CONDITIONS.  A housing
  18-50  loan financed by the department <through a program of the housing
  18-51  finance division> under this chapter <subchapter> is subject to the
  18-52  terms and conditions provided by this chapter <subchapter>.
  18-53        SECTION 50.  Section 2306.227, Government Code, is amended to
  18-54  read as follows:
  18-55        Sec. 2306.227.  PREPAYMENT OF MORTGAGE LOANS.  A mortgage
  18-56  loan made under this chapter may be prepaid to maturity after the
  18-57  period of years and under the terms and conditions determined by
  18-58  the department <board>.
  18-59        SECTION 51.  Section 2306.230, Government Code, is amended to
  18-60  read as follows:
  18-61        Sec. 2306.230.  AGREEMENTS REGARDING CERTAIN LIMITATIONS ON
  18-62  HOUSING SPONSORS.  A housing development <mortgage loan> is subject
  18-63  to an agreement between the department and the housing sponsor that
  18-64  subjects the sponsor, including <and> its principals or
  18-65  stockholders, if any, to limitations established by the department
  18-66  regarding:
  18-67              (1)  rentals and other charges;
  18-68              (2)  builders' and developers' profits and fees;
  18-69              (3)  the disposition of its property; and
  18-70              (4)  the real property that constitutes the site of or
   19-1  relates to the housing development.
   19-2        SECTION 52.  Section 2306.231, Government Code, is amended to
   19-3  read as follows:
   19-4        Sec. 2306.231.  <LOAN> CONDITIONS RELATING TO FUNDING BY
   19-5  DEPARTMENT <POWERS>.  As a condition of funding <each loan>, the
   19-6  department<, acting through the housing finance division,> may at
   19-7  any time during the construction, rehabilitation, or operation of a
   19-8  housing development:
   19-9              (1)  enter and inspect the housing development to:
  19-10                    (A)  investigate the development's:
  19-11                          (i)  physical and financial condition;
  19-12                          (ii)  construction;
  19-13                          (iii)  rehabilitation;
  19-14                          (iv)  operation;
  19-15                          (v)  management; <and>
  19-16                          (vi)  maintenance; and
  19-17                          (vii)  compliance with restrictive
  19-18  covenants; and
  19-19                    (B)  examine all books and records relating to:
  19-20                          (i)  capitalization;
  19-21                          (ii)  income and expenses; and
  19-22                          (iii)  other matters regarding
  19-23  capitalization or income and expenses;
  19-24              (2)  impose charges that are required to cover the cost
  19-25  of inspections and examinations under Subdivision (1);
  19-26              (3)  order alterations, changes, or repairs necessary
  19-27  to protect:
  19-28                    (A)  the security of the department's investment
  19-29  in a housing development; or
  19-30                    (B)  the health, safety, and welfare of the
  19-31  occupants of a housing development;
  19-32              (4)  order a managing agent, housing development
  19-33  manager, or housing development owner to do whatever is necessary
  19-34  to comply with or refrain from violating an applicable law,
  19-35  ordinance, department rule, or term of an agreement regarding the
  19-36  housing development; and
  19-37              (5)  file and prosecute a complaint against a managing
  19-38  agent, housing development manager, or housing development owner
  19-39  for a violation of any applicable law or ordinance.
  19-40        SECTION 53.  Section 2306.232, Government Code, is amended to
  19-41  read as follows:
  19-42        Sec. 2306.232.  TEXAS HOUSING AGENCY LOAN OR GUARANTEE. A
  19-43  loan or guarantee made by the Texas Housing Agency becomes a loan
  19-44  or guarantee of the department <housing finance division>.
  19-45        SECTION 54.   The heading of Subchapter K, Chapter 2306,
  19-46  Government Code, is amended to read as follows:
  19-47                 SUBCHAPTER K.  PROPERTY OWNERSHIP AND
  19-48             <HOUSING FINANCE DIVISION:> HOUSING PROGRAMS
  19-49        SECTION 55.  Section 2306.251, Government Code, is amended to
  19-50  read as follows:
  19-51        Sec. 2306.251.  PROPERTY OWNERSHIP PROGRAM.  (a)  The
  19-52  department may acquire and own real property on an interim basis
  19-53  not to exceed five years for sale or rental to:
  19-54              (1)  individuals and families of low and very low
  19-55  income; and
  19-56              (2)  nonprofit housing organizations and other housing
  19-57  organizations to serve the needs of individuals and families of low
  19-58  and very low income and families of moderate income.
  19-59        (b)  Property acquired by the department must qualify for
  19-60  home mortgage insurance after rehabilitation.
  19-61        (c)  The department <housing finance division> may use money
  19-62  from the housing trust fund, <or> unencumbered fund balances, or
  19-63  appropriations, allocations, grants, or gifts from any public or
  19-64  private source to purchase property under this section.
  19-65        (d)  The department <division> may not use more than 10
  19-66  percent of the yearly balance of the housing trust fund to acquire
  19-67  real property to endow the fund.
  19-68        (e) <(d)>  If the department acquires property under this
  19-69  section, the department <housing finance division> shall submit an
  19-70  annual report to the board <have an independent audit conducted
   20-1  annually> to analyze the property ownership program's:
   20-2              (1)  financial stability;
   20-3              (2)  cost-effectiveness; and
   20-4              (3)  effectiveness in serving individuals of low and
   20-5  very low income.
   20-6        SECTION 56.  Section 2306.252, Government Code, is amended to
   20-7  read as follows:
   20-8        Sec. 2306.252.  LOW AND VERY LOW INCOME HOUSING RESOURCE
   20-9  CENTER.  (a)  The department <board> shall establish a low and very
  20-10  low income housing resource center <in the housing finance
  20-11  division>.
  20-12        (b)  The center shall:
  20-13              (1)  provide research and educational material to
  20-14  housing advocates, housing sponsors, borrowers, and tenants;
  20-15              (2)  provide training and technical assistance to
  20-16  nonprofit housing sponsors; and
  20-17              (3)  <focus on marketing loans and other programs of
  20-18  the housing finance division to individuals and families of low and
  20-19  very low income; and>
  20-20              <(4)>  assist <lenders> in the development of housing
  20-21  policy <marketing loans to individuals and families of low and very
  20-22  low income>.
  20-23        SECTION 57.  The heading of Subchapter L, Chapter 2306,
  20-24  Government Code, is amended to read as follows:
  20-25              SUBCHAPTER L.  <HOUSING FINANCE DIVISION:>
  20-26                    REGULATION OF HOUSING SPONSORS
  20-27        SECTION 58.  Section 2306.261, Government Code, is amended to
  20-28  read as follows:
  20-29        Sec. 2306.261.  SUPERVISING HOUSING SPONSORS.  The department
  20-30  <housing finance division> may, as provided by this subchapter,
  20-31  supervise:
  20-32              (1)  housing sponsors, including limited profit housing
  20-33  sponsors, of housing developments that are financed under this
  20-34  chapter and rented or leased to tenants; and
  20-35              (2)  real and personal property of sponsors.
  20-36        SECTION 59.  Section 2306.263, Government Code, is amended to
  20-37  read as follows:
  20-38        Sec. 2306.263.  REPORTING.  The department may require
  20-39  housing sponsors to:
  20-40              (1)  make reports and certifications of their
  20-41  operations and expenditures; and
  20-42              (2)  answer specific questions on forms whenever
  20-43  necessary for the purposes of this chapter.
  20-44        SECTION 60.  Section 2306.264, Government Code, is amended to
  20-45  read as follows:
  20-46        Sec. 2306.264.  INSPECTIONS AND EXAMINATIONS.  The
  20-47  department, through its agents or employees, may:
  20-48              (1)  enter and inspect, in whole or in part, the land,
  20-49  buildings, and equipment of a housing sponsor; and
  20-50              (2)  examine all records showing the capital structure,
  20-51  income, operations, expenditures, and other payments of a housing
  20-52  sponsor.
  20-53        SECTION 61.  Section 2306.267, Government Code, is amended to
  20-54  read as follows:
  20-55        Sec. 2306.267.  COMPLIANCE WITH APPLICABLE LAWS, RULES, AND
  20-56  CONTRACT TERMS.  The department may order a housing sponsor to
  20-57  perform or refrain from performing certain acts in order to comply
  20-58  with the law, department policies <housing finance division rules>,
  20-59  or terms of a contract or agreement to which the housing sponsor is
  20-60  a party.
  20-61        SECTION 62.  Section 2306.270, Government Code, is amended to
  20-62  read as follows:
  20-63        Sec. 2306.270.  REGULATION OF RETIREMENT OF CAPITAL
  20-64  INVESTMENT OR REDEMPTION OF STOCK.  The department shall regulate
  20-65  the retirement of a capital investment or the redemption of stock
  20-66  of a limited profit housing sponsor if the retirement or
  20-67  redemption, when added to a dividend or other distribution, exceeds
  20-68  in any one fiscal year the permitted percentage, as allowed by the
  20-69  department <housing finance division's rules>, of the original face
  20-70  amount of the limited profit housing sponsor's investment or equity
   21-1  in a housing development.
   21-2        SECTION 63.  Section 2306.271, Government Code, is amended to
   21-3  read as follows:
   21-4        Sec. 2306.271.  COST CONTROLS.  (a)  The department <housing
   21-5  finance division by rule> shall specify the categories of costs
   21-6  allowable in the construction, reconstruction, remodeling,
   21-7  improvement, or rehabilitation of a housing development.
   21-8        (b)  The department <housing finance division> shall require
   21-9  a housing sponsor to certify the actual housing development costs
  21-10  on completion of the housing development, subject to audit and
  21-11  determination by the department.
  21-12        (c)  The department may accept, instead of certification of
  21-13  housing development costs under Subsection (b), other assurances of
  21-14  the costs, in any form, that will enable the department <housing
  21-15  finance division> to determine with reasonable accuracy the amount
  21-16  of the costs.
  21-17        (d)  In this section, "housing development costs" means the
  21-18  total of all costs incurred in financing, creating, or purchasing a
  21-19  housing development, including a single-family dwelling, approved
  21-20  by the department as reasonable and necessary.  The costs may
  21-21  include:
  21-22              (1)  the value of land and buildings on the land owned
  21-23  by the sponsor or the cost of acquiring land and buildings on the
  21-24  land, including payments for options, deposits, or contracts to
  21-25  purchase properties on the proposed housing site;
  21-26              (2)  costs of site preparation, demolition, and
  21-27  development;
  21-28              (3)  expenses relating to the issuance of bonds;
  21-29              (4)  fees paid or payable in connection with the
  21-30  planning, execution, and financing of the housing development,
  21-31  including fees to:
  21-32                    (A)  architects;
  21-33                    (B)  engineers;
  21-34                    (C)  attorneys;
  21-35                    (D)  accountants; or
  21-36                    (E)  the department <housing finance division on
  21-37  the department's behalf>;
  21-38              (5)  costs of necessary studies, surveys, plans,
  21-39  permits, insurance, interest, financing, tax and assessment costs,
  21-40  and other operating and carrying costs during construction;
  21-41              (6)  costs of construction, rehabilitation,
  21-42  reconstruction, fixtures, furnishings, equipment, machinery, and
  21-43  apparatus related to the real property;
  21-44              (7)  costs of land improvements, including landscaping
  21-45  and off-site improvements, whether or not the costs have been paid
  21-46  in cash or in a form other than cash;
  21-47              (8)  necessary expenses for the initial occupancy of
  21-48  the housing development;
  21-49              (9)  a reasonable profit and risk fee in addition to
  21-50  job overhead to the general contractor or limited profit housing
  21-51  sponsor;
  21-52              (10)  an allowance established by the department for
  21-53  working capital and contingency reserves and reserves for
  21-54  anticipated operating deficits during the first two years of
  21-55  occupancy; and
  21-56              (11)  the cost of other items, including tenant
  21-57  relocation if tenant relocation costs are not otherwise provided
  21-58  for, that the department determines are reasonable and necessary
  21-59  for the development of the housing development, less net rents and
  21-60  other net revenues received from the operation of the real and
  21-61  personal property on the development site during construction.
  21-62        SECTION 64.  Subsections (a) and (b), Section 2306.272,
  21-63  Government Code, are amended to read as follows:
  21-64        (a)  A principal or stockholder of a housing sponsor may not
  21-65  earn, accept, or receive a per annum return on an investment in a
  21-66  housing development financed by the department greater than that
  21-67  allowed the <by> department <rule>.
  21-68        (b)  A housing sponsor's equity in a housing development may
  21-69  be either <is> the difference between the mortgage loan and the
  21-70  total housing development cost or another amount determined by the
   22-1  department.
   22-2        SECTION 65.  The heading of Subchapter M, Chapter 2306,
   22-3  Government Code, is amended to read as follows:
   22-4              SUBCHAPTER M.  <HOUSING FINANCE DIVISION:>
   22-5                  PURCHASE AND SALE OF MORTGAGE LOANS
   22-6        SECTION 66.  Section 2306.291, Government Code, is amended by
   22-7  amending Subsection (a) and by adding Subsection (c) to read as
   22-8  follows:
   22-9        (a)  The department may purchase and take assignments from
  22-10  mortgage lenders or the federal government of notes and other
  22-11  obligations, including contracts for deed, mortgages, or other
  22-12  obligations evidencing loans or interest in loans for the
  22-13  construction, remodeling, improvement or rehabilitation, purchase,
  22-14  leasing, or refinancing of housing developments for individuals and
  22-15  families of low and very low income and families of moderate
  22-16  income.
  22-17        (c)  In this section, "contract for deed" means a
  22-18  seller-financed contract for the conveyance of land under which
  22-19  legal title does not pass to the purchaser until consideration
  22-20  under the contract is fully paid to the seller and the seller's
  22-21  remedy for nonpayment is forfeiture rather than judicial or
  22-22  nonjudicial foreclosure.  The purchaser under a contract for deed
  22-23  is not disqualified on that basis as a first time homebuyer.
  22-24        SECTION 67.  Section 2306.292, Government Code, is amended to
  22-25  read as follows:
  22-26        Sec. 2306.292.  ELIGIBILITY OF MORTGAGE LOANS FOR PURCHASE.
  22-27  A mortgage loan or interest in a mortgage loan is not eligible for
  22-28  purchase by or on behalf of the department from a mortgage lender
  22-29  unless the mortgage lender certifies that the mortgage loan or
  22-30  interest in the mortgage loan is for a housing development that
  22-31  includes benefits for individuals or families of low and very low
  22-32  income or for families of moderate income.
  22-33        SECTION 68.  Section 2306.294, Government Code, is amended to
  22-34  read as follows:
  22-35        Sec. 2306.294.  MORTGAGE LOAN PURCHASE PRICE.  <(a)>  On
  22-36  purchasing a mortgage loan or interest in a mortgage loan from a
  22-37  mortgage lender, the department may <shall> pay a purchase price
  22-38  equal to the outstanding principal balance and accrued interest,
  22-39  except that a discount <from the principal balance> or the payment
  22-40  of a premium may be used to produce a fair rate of return
  22-41  consistent with the obligations of the department and the purposes
  22-42  of this chapter.
  22-43        <(b)  In addition to payment of the outstanding principal
  22-44  balance, the department shall pay the accrued interest due to the
  22-45  date on which the mortgage loan is delivered against payment.>
  22-46        SECTION 69.  Section 2306.295, Government Code, is amended to
  22-47  read as follows:
  22-48        Sec. 2306.295.  POLICIES <RULES> GOVERNING PURCHASE AND SALE
  22-49  OF MORTGAGE LOANS.  The department shall adopt policies <rules>
  22-50  governing the purchase and sale of mortgage loans and the
  22-51  application of sale proceeds, including policies <rules> governing:
  22-52              (1)  procedures for submitting requests or inviting
  22-53  proposals for the purchase and sale of mortgage loans or interest
  22-54  in the mortgage loans;
  22-55              (2)  restrictions on the number of family units,
  22-56  location, or other qualifications of residences to be financed by
  22-57  residential mortgage loans;
  22-58              (3)  income limits of individuals and families of low
  22-59  and very low income or families of moderate income occupying a
  22-60  residence financed by a residential mortgage loan;
  22-61              (4)  restrictions relating to the interest rates on
  22-62  mortgage loans or the return realized by mortgage lenders;
  22-63              (5)  requirements for commitments by mortgage lenders
  22-64  relating to mortgage loans;
  22-65              (6)  schedules of fees and charges necessary for
  22-66  expenses and reserves of the department <housing finance division>;
  22-67              (7)  resale of the housing development; and
  22-68              (8)  any other matter related to the power of the
  22-69  department to purchase and sell mortgage loans or interests in
  22-70  mortgage loans.
   23-1        SECTION 70.  Subsection (a), Section 2306.296, Government
   23-2  Code, is amended to read as follows:
   23-3        (a)  The department shall review each mortgage loan purchased
   23-4  or financed by the department to determine if the loan meets:
   23-5              (1)  the conditions of this chapter; and
   23-6              (2)  <the department's rules; and>
   23-7              <(3)>  any commitment made with the mortgage lender to
   23-8  purchase mortgage loans.
   23-9        SECTION 71.  Section 2306.297, Government Code, is amended to
  23-10  read as follows:
  23-11        Sec. 2306.297.  APPLICATION OF PROVISIONS RELATING TO LOAN
  23-12  TERMS AND CONDITIONS. Sections 2306.0515, 2306.089, 2306.225,
  23-13  2306.227, and <through> 2306.229 apply to the purchase of mortgage
  23-14  loans.
  23-15        SECTION 72.  The heading of Subchapter N, Chapter 2306,
  23-16  Government Code, is amended to read as follows:
  23-17              SUBCHAPTER N.  <HOUSING FINANCE DIVISION:>
  23-18                    TENANTS OF HOUSING DEVELOPMENTS
  23-19        SECTION 73.  Section 2306.315, Government Code, is amended to
  23-20  read as follows:
  23-21        Sec. 2306.315.  DISCHARGE FROM LIABILITY; REIMBURSEMENT.  If
  23-22  an individual or family who resides in a cooperative housing
  23-23  development is required to move from the development because of
  23-24  excessive income, the individual or family must be:
  23-25              (1)  discharged from liability for any note, bond, or
  23-26  other evidence of indebtedness; and
  23-27              (2)  reimbursed, as required by the <under> department
  23-28  <rules>, for all sums paid to the housing sponsor on account of
  23-29  the:
  23-30                    (A)  purchase of stock or debentures as a
  23-31  condition of occupancy; or
  23-32                    (B)  acquisition of title for that purpose.
  23-33        SECTION 74.  The heading of Subchapter O, Chapter 2306,
  23-34  Government Code, is amended to read as follows:
  23-35       SUBCHAPTER O.  <HOUSING FINANCE DIVISION:>  REGULATION OF
  23-36             MORTGAGE LENDERS, SERVICERS, AND CONTRACTORS
  23-37        SECTION 75.  Section 2306.332, Government Code, is amended to
  23-38  read as follows:
  23-39        Sec. 2306.332.  MONITORING MORTGAGE LENDERS.  The department
  23-40  shall develop a written plan to monitor and review <audit> the
  23-41  performance of mortgage lenders.   The plan must include a
  23-42  requirement:
  23-43              (1)  that mortgage lenders comply with quality control
  23-44  standards established by appropriate federal agencies;
  23-45              (2)  for a review <an audit> of mortgage lenders'
  23-46  compliance with program guidelines to be conducted by random
  23-47  selection of loans and associated paperwork for review;
  23-48              (3)  for monitoring delinquency and foreclosure rates
  23-49  for currently participating mortgage lenders to identify
  23-50  unfavorable trends;
  23-51              (4)  for an extensive review <audit> after a finding of
  23-52  an unfavorable trend under Subdivision (3); <and>
  23-53              (5)  for reporting the information gathered under this
  23-54  section to the director and the board; and
  23-55              (6)  for monitoring mortgage lenders' performance in
  23-56  providing access to mortgage credit through the department's
  23-57  programs to meet the credit needs of families living in the
  23-58  mortgage lenders' service areas without regard to race or
  23-59  ethnicity.
  23-60        SECTION 76.  Section 2306.333, Government Code, is amended to
  23-61  read as follows:
  23-62        Sec. 2306.333.  MONITORING MORTGAGE SERVICERS.  The
  23-63  department <housing finance division> shall develop a written plan
  23-64  to monitor and review <audit> the performance of mortgage
  23-65  servicers.  The plan must include:
  23-66              (1)  a method of developing criteria to evaluate the
  23-67  performance of servicers;
  23-68              (2)  a method of monitoring the performance of a
  23-69  servicer under the criteria developed under Subdivision (1);
  23-70              (3)  a requirement for a review of the financial
   24-1  statements of a servicer;
   24-2              (4)  a process for an extensive review <audit> of
   24-3  servicers who repeatedly violate the terms of the servicers'
   24-4  contracts with the department;
   24-5              (5)  the designation of a review <an audit> team
   24-6  consisting of staff members from relevant areas of the department
   24-7  <housing finance division>; and
   24-8              (6)  a method of reporting the information gathered
   24-9  under this section to the director and the board.
  24-10        SECTION 77.  Section 2306.334, Government Code, is amended to
  24-11  read as follows:
  24-12        Sec. 2306.334.  MONITORING CONTRACTORS.  The department shall
  24-13  develop a written plan to monitor and review <audit> the
  24-14  performance of real estate owned contractors and other contractors.
  24-15  The plan must include:
  24-16              (1)  a requirement for a periodic inspection of
  24-17  foreclosed property;
  24-18              (2)  a method of monitoring contractors' performance of
  24-19  contract requirements; and
  24-20              (3)  a requirement for a periodic review of
  24-21  contractors' billing procedures.
  24-22        SECTION 78.  The heading of Subchapter P, Chapter 2306,
  24-23  Government Code, is amended to read as follows:
  24-24          SUBCHAPTER P.  <HOUSING FINANCE DIVISION BONDS:>
  24-25                           ISSUANCE OF BONDS
  24-26        SECTION 79.  Subsections (a) and (c), Section 2306.353,
  24-27  Government Code, are amended to read as follows:
  24-28        (a)  In addition to issuing general obligation bonds under
  24-29  Section 2306.352, the department may issue revenue bonds to provide
  24-30  money to carry out a purpose, power, or duty of the department
  24-31  <housing finance division> under this chapter.
  24-32        (c)  The bonds shall be payable as to principal, interest,
  24-33  and redemption premium, if any, from, and secured by, a first or
  24-34  subordinate lien on, and pledge of, all or part of the revenues,
  24-35  income, or other resources of the department <housing finance
  24-36  division>, including:
  24-37              (1)  the repayments of mortgage loans;
  24-38              (2)  the earnings from investment or deposit of the
  24-39  reserve fund and other funds of the department <housing finance
  24-40  division>;
  24-41              (3)  the fees, charges, and other amounts or payments
  24-42  received under this chapter; and
  24-43              (4)  appropriations, grants, allocations, subsidies,
  24-44  rent supplements, guaranties, aid, contribution, or donations.
  24-45        SECTION 80.  Section 2306.357, Government Code, is amended to
  24-46  read as follows:
  24-47        Sec. 2306.357.  BONDS ISSUED BY TEXAS HOUSING AGENCY.  A
  24-48  general obligation or revenue bond issued by the Texas Housing
  24-49  Agency becomes a general obligation or revenue bond of the
  24-50  department <housing finance division>.
  24-51        SECTION 81.  The heading of Subchapter Q, Chapter 2306,
  24-52  Government Code, is amended to read as follows:
  24-53           SUBCHAPTER Q.  <HOUSING FINANCE DIVISION BONDS:>
  24-54                         BOARD ACTION ON BONDS
  24-55        SECTION 82.  The heading of Subchapter R, Chapter 2306,
  24-56  Government Code, is amended to read as follows:
  24-57     SUBCHAPTER R.  <HOUSING FINANCE DIVISION> BONDS:  FORM; TERMS
  24-58        SECTION 83.  The heading of Subchapter S, Chapter 2306,
  24-59  Government Code, is amended to read as follows:
  24-60          SUBCHAPTER S.  <HOUSING FINANCE DIVISION BONDS:>
  24-61                          SECURITY FOR BONDS
  24-62        SECTION 84.  Subsection (a), Section 2306.411, Government
  24-63  Code, is amended to read as follows:
  24-64        (a)  In addition to other security for the department's bonds
  24-65  authorized by this chapter, payment of the principal and interest
  24-66  and redemption premium, if any, on the department's bonds may be
  24-67  secured by a first or subordinate lien on and pledge of all or part
  24-68  of:
  24-69              (1)  the department's assets and real, personal, or
  24-70  mixed property, including:
   25-1                    (A)  mortgages or other obligations securing the
   25-2  assets of property;
   25-3                    (B)  investments; and
   25-4                    (C)  trust agreements or trust indentures
   25-5  administered by one or more corporate trustees as allowed by the
   25-6  board; and
   25-7              (2)  the reserves or funds of the department <housing
   25-8  finance division>.
   25-9        SECTION 85.  Subsection (a), Section 2306.412, Government
  25-10  Code, is amended to read as follows:
  25-11        (a)  A lien on or pledge of revenues, income, assets,
  25-12  reserves, funds, or other resources of the department <housing
  25-13  finance division>, as authorized by this chapter, is valid and
  25-14  binding from the time of payment for and delivery of the bonds
  25-15  authorized by the board resolution creating or confirming the lien
  25-16  or pledge.
  25-17        SECTION 86.  The heading of Subchapter T, Chapter 2306,
  25-18  Government Code, is amended to read as follows:
  25-19           SUBCHAPTER T.  <HOUSING FINANCE DIVISION BONDS:>
  25-20            APPROVAL, REGISTRATION, AND EXECUTION OF BONDS
  25-21        SECTION 87.  The heading of Subchapter U, Chapter 2306,
  25-22  Government Code, is amended to read as follows:
  25-23           SUBCHAPTER U.  <HOUSING FINANCE DIVISION BONDS:>
  25-24      RIGHTS AND REMEDIES OF BOND HOLDERS AND PARTIES IN INTEREST
  25-25        SECTION 88.  The heading of Subchapter V, Chapter 2306,
  25-26  Government Code, is amended to read as follows:
  25-27      SUBCHAPTER V.  DEPARTMENT <HOUSING FINANCE DIVISION> BONDS:
  25-28                  OBLIGATIONS OF DEPARTMENT AND STATE
  25-29        SECTION 89.  Section 2306.472, Government Code, is amended to
  25-30  read as follows:
  25-31        Sec. 2306.472.  DEPARTMENT'S BONDS OTHER THAN GENERAL
  25-32  OBLIGATION BONDS NOT OBLIGATIONS OF THE STATE.  Except for bonds
  25-33  authorized by the Texas Constitution and issued under Section
  25-34  2306.352, the department's bonds:
  25-35              (1)  are solely obligations of the department and are
  25-36  payable solely from funds of the department's bond-financed
  25-37  activities <housing finance division>;
  25-38              (2)  are not an obligation, debt, or liability of the
  25-39  state; and
  25-40              (3)  do not create or constitute a pledge, giving, or
  25-41  lending of the faith, credit, or taxing power of the state.
  25-42        SECTION 90.  The heading of Subchapter W, Chapter 2306,
  25-43  Government Code, is amended to read as follows:
  25-44      SUBCHAPTER W.  DEPARTMENT <HOUSING FINANCE DIVISION> BONDS:
  25-45                       MISCELLANEOUS PROVISIONS
  25-46        SECTION 91.  Section 2306.491, Government Code, is amended to
  25-47  read as follows:
  25-48        Sec. 2306.491.  BONDS NEGOTIABLE INSTRUMENTS.
  25-49  Notwithstanding any other statute, a bond and interest coupon
  25-50  issued and delivered by the department <housing finance division>
  25-51  is a negotiable instrument under the Uniform Commercial Code,
  25-52  except that the bond may be registered or subject to registration
  25-53  under this chapter.
  25-54        SECTION 92.  Section 2306.513, Government Code, is amended to
  25-55  read as follows:
  25-56        Sec. 2306.513.  HOUSING FOR INDIVIDUALS WITH SPECIAL NEEDS.
  25-57  (a)  The board shall adopt policies <rules> to achieve occupancy by
  25-58  individuals with special needs of at least five percent of the
  25-59  units in each multifamily housing development.
  25-60        (b)  Subsection (a) applies only to a multifamily housing
  25-61  development that contains at least 20 units and is financed by
  25-62  bonds issued under this chapter.
  25-63        (c)  If a survey that is conducted by the housing sponsor and
  25-64  verified by the department <housing finance division> reveals that
  25-65  there is not sufficient need for housing for individuals with
  25-66  special needs in the area in which the development will be built or
  25-67  renovated to justify building or renovating and reserving at least
  25-68  five percent of the units for individuals with special needs, the
  25-69  department may, on a showing of good cause by the housing sponsor,
  25-70  lower the requirements to correspond to the amount of need found by
   26-1  the housing sponsor.
   26-2        <(d)  The housing finance division shall cooperate with the
   26-3  Texas Department on Aging to implement this section and shall
   26-4  reimburse the department for the costs of:>
   26-5              <(1)  assessing the need for housing for individuals
   26-6  with special needs in different locations;>
   26-7              <(2)  setting standards relating to the design and
   26-8  construction of housing for individuals with special needs;>
   26-9              <(3)  providing planning assistance to builders; and>
  26-10              <(4)  publicizing the availability of the housing
  26-11  program to potential developers and residents.>
  26-12        <(e)  The department and the Texas Department on Aging shall
  26-13  determine a procedure for paying for services provided by the Texas
  26-14  Department on Aging.>
  26-15        SECTION 93.  Chapter 2306, Government Code, is amended by
  26-16  adding Subchapter Y to read as follows:
  26-17       SUBCHAPTER Y.  TEXAS STATE AFFORDABLE HOUSING CORPORATION
  26-18        Sec. 2306.551.  DEFINITION.  In this subchapter,
  26-19  "corporation" means the Texas State Affordable Housing Corporation.
  26-20        Sec. 2306.552.  CREATION.  (a)  The existence of the Texas
  26-21  State Affordable Housing Corporation, or any similarly named
  26-22  corporation, begins on the date that the secretary of state issues
  26-23  the certificate of incorporation.
  26-24        (b)  The charter of the corporation must establish the
  26-25  corporation as nonprofit and specifically dedicate the
  26-26  corporation's activities to the benefit of the department.
  26-27        (c)  The creation of the corporation does not limit or impair
  26-28  the rights, powers, and duties of the department under this
  26-29  chapter.
  26-30        Sec. 2306.553.  PURPOSES.  (a)  The corporation shall carry
  26-31  out the public purposes of this chapter on behalf of the state.
  26-32        (b)  The corporation may engage only in the performance of
  26-33  charitable functions.
  26-34        Sec. 2306.554.  BOARD OF DIRECTORS.  The members of the board
  26-35  serve as the board of directors of the corporation.
  26-36        Sec. 2306.555.  POWERS.  (a)  The corporation has the rights
  26-37  and powers of a nonprofit corporation incorporated under the Texas
  26-38  Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
  26-39  Texas Civil Statutes).
  26-40        (b)  The corporation may contract with the department and
  26-41  with bond counsel, financial advisors, or underwriters.
  26-42        (c)  A member of the board of directors or an officer or
  26-43  employee of the corporation is not liable personally for bonds
  26-44  issued or contracts executed by the corporation or for any other
  26-45  action taken in accordance with the powers and duties authorized by
  26-46  this subchapter.
  26-47        Sec. 2306.556.  TAX EXEMPT.  The corporation is exempt from
  26-48  all taxation by the state or a political subdivision of the state,
  26-49  including a municipality.
  26-50        Sec. 2306.557.  DISTRIBUTION OF EARNINGS.  Any part of
  26-51  earnings remaining after payment of expenses may not inure to any
  26-52  person except that the corporation shall deposit these earnings to
  26-53  the credit of the general revenue fund for the benefit of the
  26-54  department if the corporation's board of directors determines that
  26-55  sufficient provision has been made for the full payment of the
  26-56  expenses, bonds, and other obligations of the corporation.
  26-57        Sec. 2306.558.  ALTERATION AND TERMINATION.  (a)  Subject to
  26-58  this subchapter and the prohibition on the impairment of contracts
  26-59  in the law of this state, the corporation's board of directors by
  26-60  written resolution may alter the structure, organization, programs,
  26-61  or activities of the corporation or terminate and dissolve the
  26-62  corporation.
  26-63        (b)  The corporation's board of directors shall dissolve the
  26-64  corporation if the board by resolution determines that:
  26-65              (1)  the purposes for which the corporation was formed
  26-66  have been substantially fulfilled; and
  26-67              (2)  all bonds issued by the corporation have been
  26-68  fully paid.
  26-69        (c)  On dissolution, the title to funds and properties
  26-70  previously owned by the corporation shall be transferred to the
   27-1  department.
   27-2        Sec. 2306.559.  ANNUAL REPORT.  (a)  The corporation shall
   27-3  file an annual report of the financial activity of the corporation
   27-4  with the department.
   27-5        (b)  The corporation shall file the report before the 90th
   27-6  day after the last day of the corporation's fiscal year.
   27-7        (c)  The corporation shall prepare the report in accordance
   27-8  with generally accepted accounting principles.
   27-9        (d)  The report must include:
  27-10              (1)  a statement of support, revenue, and expenses and
  27-11  change in fund balances;
  27-12              (2)  a statement of functional expenses; and
  27-13              (3)  balance sheets for all funds.
  27-14        Sec. 2306.560.  APPLICATION OF OPEN RECORDS AND OPEN MEETINGS
  27-15  LAWS.  (a)  The corporation is subject to the open records law,
  27-16  Chapter 552, except that the proprietary financial records of a
  27-17  private applicant, borrower, or other recipient of funds are not a
  27-18  public record.
  27-19        (b)  The corporation is subject to the open meetings law,
  27-20  Chapter 551, except that the board is not required to conduct an
  27-21  open meeting to discuss proprietary financial matters of a private
  27-22  applicant, borrower, or other recipient of funds.
  27-23        SECTION 94.  Chapter 2306, Government Code, is amended by
  27-24  adding Subchapter Z to read as follows:
  27-25           SUBCHAPTER Z.  EMERGENCY NUTRITION AND TEMPORARY
  27-26                       EMERGENCY RELIEF PROGRAM
  27-27        Sec. 2306.601.  PURPOSE.  (a)  The legislature finds that:
  27-28              (1)  economic and demographic changes have created
  27-29  rapid increases in the number of needy persons who are homeless or
  27-30  without other necessities of basic existence;
  27-31              (2)  local governments and nonprofit service
  27-32  organizations are unable to meet the increased financial burden
  27-33  caused by those changes in various areas of the state; and
  27-34              (3)  the dramatic nature of the emergency relief needs
  27-35  in various localities has contributed to family instability and
  27-36  threatened the social and economic stability of those communities.
  27-37        (b)  The intent of this subchapter is to serve a public
  27-38  purpose and the goals of the state by providing state money to
  27-39  supplement any local or federal money available to provide
  27-40  emergency relief to needy persons.
  27-41        Sec. 2306.602.  DEFINITIONS.  In this subchapter:
  27-42              (1)  "Applicant" means the commissioners court of a
  27-43  county, the governing body of another political subdivision, or a
  27-44  nonprofit organization.
  27-45              (2)  "Nonprofit organization" means a private,
  27-46  nonprofit, tax-exempt corporation listed in Section 501(c)(3),
  27-47  Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)).
  27-48              (3)  "Program" means a system of providing temporary
  27-49  emergency relief to needy persons.
  27-50        Sec. 2306.603.  TEMPORARY EMERGENCY RELIEF FUND.  (a)  The
  27-51  department shall establish a temporary emergency relief fund from
  27-52  money appropriated for that purpose in order to assist counties, in
  27-53  cooperation with other public entities and nonprofit organizations,
  27-54  in meeting the needs of individuals and families for temporary
  27-55  emergency relief.
  27-56        (b)  The department shall establish the emergency nutrition
  27-57  program as part of the temporary emergency relief program
  27-58  established under this subchapter.  The emergency nutrition program
  27-59  may allocate money from the temporary emergency relief fund to meet
  27-60  the unmet need for emergency food assistance.  The money shall be
  27-61  used as a grant to local communities.  The department shall
  27-62  administer the emergency nutrition program in the same fashion and
  27-63  under the same procedures as used to govern the administration of
  27-64  the temporary emergency relief program.
  27-65        (c)  Unobligated and unexpended money that remains in the
  27-66  fund at the end of the fiscal biennium and that has not been
  27-67  allocated or provided as a supplemental allocation to an applicant
  27-68  reverts to the general revenue fund.
  27-69        (d)  The department may use not more than six percent of the
  27-70  fund to pay costs incurred in administering the fund.
   28-1        (e)  The department shall deposit five percent of the money
   28-2  appropriated to the department under this subchapter to the credit
   28-3  of a special fund in the state treasury known as the emergency
   28-4  contingency fund.  The department may not spend the money in the
   28-5  emergency contingency fund without the written approval of the
   28-6  governor, lieutenant governor, and speaker of the house of
   28-7  representatives.  The department shall spend the money as directed
   28-8  by a joint order of the governor, lieutenant governor, and speaker
   28-9  of the house of representatives.
  28-10        Sec. 2306.604.  APPLICATION.  (a)  A county may apply to the
  28-11  department for a grant-in-aid to establish and administer a program
  28-12  under this subchapter.
  28-13        (b)  If a county declines to act, the department may accept
  28-14  applications from other political subdivisions or from nonprofit
  28-15  organizations.  The political subdivision or nonprofit organization
  28-16  must first notify the county judge of the intention to submit an
  28-17  application for a grant-in-aid.
  28-18        (c)  An application submitted under this section must provide
  28-19  evidence that a county requires assistance and that the applicant
  28-20  has consulted with public entities, nonprofit organizations,
  28-21  voluntary associations, representatives of low-income persons, and
  28-22  other groups involved in providing assistance to needy persons.
  28-23  The department may approve only one program for each county.
  28-24        (d)  A decision by a county to administer a program under
  28-25  this subchapter remains in effect until the county notifies the
  28-26  department that the county no longer wants to participate in the
  28-27  program.  If a county decides to discontinue its participation, the
  28-28  department may choose an applicant as an alternative participant as
  28-29  prescribed by Subsection (b).
  28-30        (e)  The department shall develop standards and procedures
  28-31  for the program that permit all counties in the state to
  28-32  participate.
  28-33        Sec. 2306.605.  LOCAL ALLOCATION.  (a)  State money provided
  28-34  to a local applicant under this subchapter may not be used for
  28-35  local administrative costs.
  28-36        (b)  An allocation to a county from the fund established by
  28-37  Section 2306.603 shall be based on the county's demonstrated need
  28-38  for the money.  The formula used by the department to allocate the
  28-39  money shall include:
  28-40              (1)  the number of unemployed persons in the county
  28-41  during the most recent 12-month period for which data are available
  28-42  compared to the number in the state for that period; and
  28-43              (2)  the number of persons in poverty in the county
  28-44  during the most recent 12-month period for which data are available
  28-45  compared to the number in the state for that period.
  28-46        Sec. 2306.606.  LOCAL PLAN; DISBURSEMENT.  (a)  An applicant
  28-47  must submit to the department a plan for providing emergency
  28-48  relief.
  28-49        (b)  The plan must contain a description of the target
  28-50  population, the eligibility criteria for receipt of services, the
  28-51  nature and scope of benefits to be provided, methods of
  28-52  administration, and a budget.  The plan must also show evidence of
  28-53  consultation with the entities listed in Section 2306.604(c).
  28-54        (c)  On verification by the department that the applicant
  28-55  qualifies under this subchapter, the department shall disburse
  28-56  money from the fund to the applicant to be used to establish a
  28-57  program in the affected county.
  28-58        Sec. 2306.607.  ELIGIBILITY AND PROVISION OF ASSISTANCE.
  28-59  (a)  Each county, political subdivision, or nonprofit organization
  28-60  approved by the department for the establishment of a program shall
  28-61  adopt its own criteria for persons eligible to receive benefits
  28-62  under the program and shall include the criteria in the plan for
  28-63  providing emergency relief submitted to the department.
  28-64        (b)  Before establishing eligibility and the frequency and
  28-65  duration of benefits provided under the program, the county,
  28-66  political subdivision, or nonprofit organization shall allow
  28-67  adequate notice and opportunity for public comment, including
  28-68  comments from entities listed in Section 2306.604(c).
  28-69        (c)  A county, political subdivision, or nonprofit
  28-70  organization may not set the eligibility level at less than 75
   29-1  percent of the federal poverty level based on the federal Office of
   29-2  Management and Budget poverty index in effect at the time the plan
   29-3  is submitted to the department.
   29-4        (d)  Assistance to persons eligible to participate in a
   29-5  program authorized by this subchapter shall be provided through
   29-6  vouchers and purchased services in accordance with the approved
   29-7  plan submitted to the department.  The assistance may include the
   29-8  provision of utilities, food, housing, and clothing to needy
   29-9  persons.
  29-10        (e)  Records relating to a program under this subchapter are
  29-11  subject to audit by the department, an auditor approved by the
  29-12  department, or the state auditor.
  29-13        Sec. 2306.608.  REPORTS; PUBLIC NOTICES.  A county, political
  29-14  subdivision, or nonprofit organization funded under this subchapter
  29-15  shall provide information to the department as necessary to ensure
  29-16  that information is provided to the public regarding eligibility
  29-17  for and the nature of a program operated under this subchapter.
  29-18        Sec. 2306.609.  RELATIONSHIP TO FEDERAL LAW.  (a)  If a
  29-19  federal law or regulation is changed without making provision for
  29-20  temporary waivers to allow compliance with state law, and, as a
  29-21  result of this change, there is insufficient time to comply with
  29-22  all the procedures required by this subchapter, the agency or
  29-23  entity affected may act so as to comply with federal law and shall
  29-24  comply with the applicable procedures required by this subchapter
  29-25  as soon as possible.
  29-26        (b)  If a federal statute or court order conflicts with this
  29-27  subchapter, the federal law or court order prevails over this
  29-28  subchapter.
  29-29        SECTION 95.  Subsection (a), Section 5.13, State Purchasing
  29-30  and General Services Act (Article 601b, Vernon's Texas Civil
  29-31  Statutes), is amended to read as follows:
  29-32        (a)  Except as otherwise provided by this article, this
  29-33  article shall apply to all building construction projects as herein
  29-34  defined which may be undertaken by the state, with the following
  29-35  exceptions:
  29-36              (1)  all projects constructed by and for the Texas
  29-37  <State> Department of <Highways and Public> Transportation;
  29-38              (2)  all projects constructed by and for state
  29-39  institutions of higher education;
  29-40              (3)  pens, sheds, and ancillary buildings constructed
  29-41  by and for the Texas Department of Agriculture for the processing
  29-42  of livestock prior to export;
  29-43              (4)  all projects of repair and rehabilitation, except
  29-44  major renovations, of buildings and grounds on the commission
  29-45  inventory;
  29-46              (5)  all projects constructed by the Parks and Wildlife
  29-47  Department; <and>
  29-48              (6)  all projects of repair, rehabilitation, and
  29-49  construction on property owned by the Texas Department of Housing
  29-50  and Community Affairs or the Texas State Affordable Housing
  29-51  Corporation; and
  29-52              (7)  repair and rehabilitation projects of any other
  29-53  using agency, provided all labor for such projects is provided by
  29-54  the regular maintenance forces of the using agency under specific
  29-55  legislative authorization, and provided further, that such projects
  29-56  do not require the advance preparation of working plans and/or
  29-57  drawings.
  29-58        SECTION 96.  Section 6.01, State Purchasing and General
  29-59  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  29-60  amended to read as follows:
  29-61        Sec. 6.01.  DEFINITION.  In this article,  "space" means
  29-62  office space, warehouse space, laboratory space, storage space
  29-63  exceeding 1,000 gross square feet, or any combination of that
  29-64  space.  The term <thereof,  but> does not include:
  29-65              (1)  aircraft hangar space;
  29-66              (2) <,>  radio antenna space;
  29-67              (3) <,>  boat storage space;
  29-68              (4) <,>  vehicle parking space;
  29-69              (5) <,>  residential space for a Texas Department of
  29-70  Mental Health and Mental Retardation program;
   30-1              (6) <,>  residential space for a Texas Youth Commission
   30-2  program;
   30-3              (7)  residential property acquired by the Texas
   30-4  Department of Housing and Community Affairs or the Texas State
   30-5  Affordable Housing Corporation with bond proceeds;<,> or
   30-6              (8)  space to be utilized for less than one month for
   30-7  meetings, conferences, seminars, conventions, displays,
   30-8  examinations, auctions, or other similar purposes.
   30-9        SECTION 97.  The following laws are repealed:
  30-10              (1)  Section 2306.029, Government Code;
  30-11              (2)  Section 2306.072, Government Code;
  30-12              (3)  Section 2306.091, Government Code;
  30-13              (4)  Section 2306.111, Government Code;
  30-14              (5)  Section 2306.118, Government Code;
  30-15              (6)  Section 2306.122, Government Code;
  30-16              (7)  Sections 2306.124, 2306.125, and 2306.126,
  30-17  Government Code;
  30-18              (8)  Subchapters G and H, Chapter 2306, Government
  30-19  Code;
  30-20              (9)  Section 2306.204, Government Code;
  30-21              (10)  Section 2306.226, Government Code;
  30-22              (11)  Section 2306.266, Government Code;
  30-23              (12)  Sections 2306.313 and 2306.314, Government Code;
  30-24              (13)  Section 2306.375, Government Code; and
  30-25              (14)  Chapter 34, Human Resources Code.
  30-26        SECTION 98.  (a)  In addition to the changes in law made by
  30-27  this Act relating to the operations, powers, and duties of the
  30-28  Texas Department of Housing and Community Affairs, this Act
  30-29  conforms certain provisions of the Government Code regarding that
  30-30  department to changes in law made by Chapter 725, Acts of the 73rd
  30-31  Legislature, 1993.
  30-32        (b)  Chapter 725, Acts of the 73rd Legislature, 1993, is
  30-33  repealed.
  30-34        (c)  To the extent of any conflict, this Act prevails over
  30-35  another Act of the 74th Legislature, Regular Session, 1995,
  30-36  relating to nonsubstantive additions to and corrections in enacted
  30-37  codes.
  30-38        SECTION 99.  This Act takes effect September 1, 1995.
  30-39        SECTION 100.  The importance of this legislation and the
  30-40  crowded condition of the calendars in both houses create an
  30-41  emergency and an imperative public necessity that the
  30-42  constitutional rule requiring bills to be read on three several
  30-43  days in each house be suspended, and this rule is hereby suspended.
  30-44                               * * * * *