By Burnam H.B. No. 2376
77R4721 QS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to integrated housing for individuals with special needs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2306.002(a), Government Code, is amended
1-5 to read as follows:
1-6 (a) The legislature finds that:
1-7 (1) every resident of this state should have a decent,
1-8 safe, integrated, accessible, and affordable living environment;
1-9 (2) government at all levels should be involved in
1-10 assisting individuals and families of low income in obtaining a
1-11 decent, safe, integrated, accessible, and affordable living
1-12 environment; and
1-13 (3) the development and diversification of the
1-14 economy, the elimination of unemployment or underemployment, and
1-15 the development or expansion of commerce in this state should be
1-16 encouraged.
1-17 SECTION 2. Sections 2306.004(8) and (13), Government Code,
1-18 are amended to read as follows:
1-19 (8) "Family of moderate income" means a family:
1-20 (A) that is determined by the board to require
1-21 assistance, taking into account:
1-22 (i) the amount of the total income
1-23 available for housing needs of the individuals and families;
1-24 (ii) the size of the family;
2-1 (iii) the cost and condition of available
2-2 housing facilities;
2-3 (iv) the ability of the individuals and
2-4 families to compete successfully in the private housing market and
2-5 to pay the amounts required by private enterprise for sanitary,
2-6 decent, integrated, accessible, and safe housing; and
2-7 (v) standards established for various
2-8 federal programs determining eligibility based on income; and
2-9 (B) that does not qualify as a family of low
2-10 income.
2-11 (13) "Housing development" means property or work or a
2-12 project, building, structure, facility, or undertaking, whether
2-13 existing, new construction, remodeling, improvement, or
2-14 rehabilitation, that meets or is designed to meet minimum property
2-15 standards required by the department and that is financed under the
2-16 provisions of this chapter for the primary purpose of providing
2-17 sanitary, decent, integrated, accessible, and safe dwelling
2-18 accommodations for rent, lease, use, or purchase by individuals and
2-19 families of low and very low income and families of moderate income
2-20 in need of housing. The term includes:
2-21 (A) buildings, structures, land, equipment,
2-22 facilities, or other real or personal properties that are
2-23 necessary, convenient, or desirable appurtenances, including
2-24 streets, water, sewers, utilities, parks, site preparation,
2-25 landscaping, stores, offices, and other nonhousing facilities, such
2-26 as administrative, community, and recreational facilities the
2-27 department determines to be necessary, convenient, or desirable
3-1 appurtenances; and
3-2 (B) single and multifamily dwellings in rural
3-3 and urban areas.
3-4 SECTION 3. Sections 2306.171 and 2306.182, Government Code,
3-5 are amended to read as follows:
3-6 Sec. 2306.171. GENERAL DUTIES OF DEPARTMENT RELATING TO
3-7 PURPOSES OF HOUSING FINANCE DIVISION. The department shall:
3-8 (1) develop policies and programs designed to increase
3-9 the number of individuals and families of extremely low, very low,
3-10 and low income and families of moderate income that participate in
3-11 the housing finance division's programs;
3-12 (2) work with municipalities, counties, public
3-13 agencies, housing sponsors, and nonprofit and for profit
3-14 corporations to provide:
3-15 (A) information on division programs; and
3-16 (B) technical assistance to municipalities,
3-17 counties, and nonprofit corporations;
3-18 (3) encourage private for profit and nonprofit
3-19 corporations and state organizations to match the division's funds
3-20 to assist in providing decent, safe, integrated, accessible, and
3-21 affordable housing to individuals and families of low and very low
3-22 income and families of moderate income;
3-23 (4) provide matching funds to municipalities,
3-24 counties, public agencies, housing sponsors, and nonprofit
3-25 developers who qualify under the division's programs; and
3-26 (5) administer the state's allocation of federal funds
3-27 provided under the rental rehabilitation grant program authorized
4-1 by Section 17, Title I, of the United States Housing Act of 1937
4-2 (42 U.S.C. Section 1437o).
4-3 Sec. 2306.182. LOANS TO LENDERS. The department may make
4-4 loans to mortgage lenders, public agencies, or other housing
4-5 sponsors and use the proceeds to make loans for decent, safe,
4-6 integrated, accessible, and affordable multifamily housing
4-7 developments that will be substantially occupied by individuals and
4-8 families of low and very low income or families of moderate income.
4-9 SECTION 4. Section 2306.202(a), Government Code, is amended
4-10 to read as follows:
4-11 (a) The department, through the housing finance division,
4-12 shall use the housing trust fund to provide loans, grants, or other
4-13 comparable forms of assistance to local units of government, public
4-14 housing authorities, nonprofit organizations, and income-eligible
4-15 individuals, families, and households to finance, acquire,
4-16 rehabilitate, and develop decent, safe, integrated, accessible, and
4-17 sanitary housing. In each biennium the first $2.6 million
4-18 available through the housing trust fund for loans, grants, or
4-19 other comparable forms of assistance shall be set aside and made
4-20 available exclusively for local units of government, public housing
4-21 authorities, and nonprofit organizations. Any additional funds may
4-22 also be made available to for-profit organizations so long as at
4-23 least 45 percent of available funds in excess of the first $2.6
4-24 million shall be made available to nonprofit organizations for the
4-25 purpose of acquiring, rehabilitating, and developing decent, safe,
4-26 integrated, accessible, and sanitary housing. The remaining
4-27 portion shall be competed for by nonprofit organizations,
5-1 for-profit organizations, and other eligible entities.
5-2 Notwithstanding any other section of this chapter, but subject to
5-3 the limitations in Section 2306.251(c), the department may also use
5-4 the fund to acquire property to endow the fund.
5-5 SECTION 5. Section 2306.223, Government Code, is amended to
5-6 read as follows:
5-7 Sec. 2306.223. CRITERIA FOR FINANCING HOUSING DEVELOPMENT OF
5-8 HOUSING SPONSOR. Notwithstanding any other provision of this
5-9 chapter, the department may not finance a housing development
5-10 undertaken by a housing sponsor under this chapter, unless the
5-11 department first determines that:
5-12 (1) the housing development is necessary to provide
5-13 needed decent, safe, integrated, accessible, and sanitary housing
5-14 at rentals or prices that individuals or families of low and very
5-15 low income or families of moderate income can afford;
5-16 (2) the housing sponsor undertaking the proposed
5-17 housing development will supply well-planned and well-designed
5-18 housing for individuals or families of low and very low income or
5-19 families of moderate income;
5-20 (3) the housing sponsor is financially responsible;
5-21 (4) the financing of the housing development is a
5-22 public purpose and will provide a public benefit; and
5-23 (5) the housing development will be undertaken within
5-24 the authority granted by this chapter to the housing finance
5-25 division and the housing sponsor.
5-26 SECTION 6. Section 2306.511, Government Code, is amended to
5-27 read as follows:
6-1 Sec. 2306.511. DEFINITION. In this subchapter, "individual
6-2 with special needs" means an individual who:
6-3 (1) is considered to be an individual having a
6-4 disability under a state or federal law;
6-5 (2) is elderly;
6-6 (3) is designated by the board as experiencing a
6-7 unique need for decent, safe, integrated, accessible, and sanitary
6-8 housing that is not being met adequately by private enterprise; or
6-9 (4) is legally responsible for caring for an
6-10 individual described by Subdivision (1), (2), or (3) and meets the
6-11 income guidelines established by the board.
6-12 SECTION 7. Subchapter X, Chapter 2306, Government Code, is
6-13 amended by adding Section 2306.515 to read as follows:
6-14 Sec. 2306.515. INTEGRATED HOUSING. (a) In its housing
6-15 assistance programs, the department shall require the integration
6-16 of housing for individuals with special needs into multifamily
6-17 housing developments in accordance with Section 504 of the
6-18 Rehabilitation Act of 1973 (29 U.S.C. Section 794).
6-19 (b) The department shall limit the amount of assistance
6-20 provided by the department for the construction or rehabilitation
6-21 of affordable housing containing assisted living facilities, as
6-22 defined by Section 247.002, Health and Safety Code, or affordable
6-23 housing solely for individuals with special needs.
6-24 SECTION 8. This Act takes effect September 1, 2001.