By Dutton                                              H.B. No. 857
         77R2094 QS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the commissioners court of a county to
 1-3     establish a commission for the homeless and to require the
 1-4     collection of a fee to finance the commission.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 150, Human Resources Code, is amended by
 1-7     adding Section 150.003 to read as follows:
 1-8           Sec. 150.003.  COUNTY PROGRAMS FOR HOMELESS. (a)  The
 1-9     commissioners court of a county by order may create a commission
1-10     for the homeless to recommend and establish programs to prevent and
1-11     alleviate homelessness in the county.
1-12           (b)  A commission is composed of five members appointed by
1-13     the commissioners court.  Members serve two-year terms expiring
1-14     February 1 of odd-numbered years, except the initial members' terms
1-15     may be less than two years.  The commissioners court shall
1-16     designate one member to serve as presiding officer and one to serve
1-17     as assistant presiding officer for periods of one year.
1-18           (c)  A member may not receive compensation but is entitled to
1-19     actual and necessary expenses incurred in the performance of
1-20     official duties, including travel expenses.
1-21           (d)  The commission shall meet at least once each month at
1-22     the call of the presiding officer or at the request of three
1-23     members.
1-24           (e)  The commission shall:
 2-1                 (1)  research and study the extent and nature of
 2-2     homelessness in the county and seek to focus public attention on
 2-3     the problem of the homeless through public information and
 2-4     education programs;
 2-5                 (2)  at least once a year, make recommendations to the
 2-6     commissioners court relating to methods and programs to prevent and
 2-7     alleviate homelessness in the county;
 2-8                 (3)  plan, develop, coordinate, and implement
 2-9     constructive methods and programs, as approved by the commissioners
2-10     court, for the prevention and alleviation of homelessness in the
2-11     county;
2-12                 (4)  maximize use of available funds for direct
2-13     services to the homeless in the county; and
2-14                 (5)  consistently monitor the expenditure of funds and
2-15     the provision of services through all programs implemented under
2-16     this section to assure that the services are effective in
2-17     preventing or alleviating homelessness.
2-18           (f)  The commission may accept gifts and grants.  The
2-19     commission shall deposit any money received under this subsection
2-20     in the county treasury in a special account for the homeless.
2-21           (g)  If the commissioners court creates a commission for the
2-22     homeless, the commissioners court by order may require the county
2-23     clerk to charge and collect $1 for the filing of the first page of
2-24     a real property record in addition to the fee prescribed by Section
2-25     118.011, Local Government Code.  The county clerk shall deposit
2-26     amounts collected under this subsection in the county treasury in a
2-27     special account for the homeless.
 3-1           (h)  Funds in the special account for the homeless may be
 3-2     used only to implement programs approved by the commissioners court
 3-3     under this section.
 3-4           SECTION 2.  Section 118.013(d), Local Government Code, is
 3-5     amended to read as follows:
 3-6           (d)  The fee is in addition to any other specific fee
 3-7     provided for by other statute, including a fee for the homeless
 3-8     imposed by a county under Section 150.003, Human Resources Code.
 3-9           SECTION 3.  This Act takes effect immediately if it receives
3-10     a vote of two-thirds of all the members elected to each house, as
3-11     provided by Section 39, Article III, Texas Constitution.  If this
3-12     Act does not receive the vote necessary for immediate effect, this
3-13     Act takes effect September 1, 2001.