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.