75R11029 CAS-F                           

         By Eiland                                             H.B. No. 1691

         Substitute the following for H.B. No. 1691:

         By Hilbert                                        C.S.H.B. No. 1691

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to enforcement of the Texas Fair Housing Act.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 301.111(a), Property Code, is amended to

 1-5     read as follows:

 1-6           (a)  The [If a timely election is not made under Section

 1-7     301.093, the] commission shall provide for a hearing on the charge

 1-8     if a timely election is not made under Section 301.093 or if, after

 1-9     receiving notice from the attorney general under Section

1-10     301.131(a), a majority of the members of the commission voting at a

1-11     regularly scheduled meeting vote in favor of a proposal to proceed

1-12     with the charge.  To the extent permitted under Section 551.071,

1-13     Government Code, during the meeting at which the commission takes a

1-14     vote under this subsection, the commission may discuss the proposal

1-15     in closed session before the vote.

1-16           SECTION 2.  Section 301.131(a), Property Code, is amended to

1-17     read as follows:

1-18           (a)  If a timely election is made under Section 301.093, the

1-19     commission shall authorize [and not later than the 30th day after

1-20     the date the election is made the attorney general shall file in a

1-21     district court] a civil action seeking relief on behalf of the

1-22     aggrieved person.  The attorney general shall review the

1-23     commission's charge.  If the attorney general determines that the

1-24     charge is well grounded in fact and warranted by law, the attorney

 2-1     general shall file a civil action in a district court not later

 2-2     than the 30th day after the date the election is made.  If the

 2-3     attorney general determines that the commission's charge is not

 2-4     well grounded in fact or not warranted by law, the attorney general

 2-5     shall notify the executive director of the commission of that fact

 2-6     in writing not later than the 30th day after the date the election

 2-7     is made.

 2-8           SECTION 3.  The change in law made by this Act applies only

 2-9     to an election made on or after the effective date of this Act to

2-10     have a claim under the Texas Fair Housing Act decided in a civil

2-11     action.  An election made before the effective date of this Act is

2-12     governed by the law in effect at the time the election was made,

2-13     and that law is continued in effect for that purpose.

2-14           SECTION 4.  This Act takes effect September 1, 1997.

2-15           SECTION 5.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.