By Burnam H.B. No. 2902 77R6120 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the certification and monitoring of a housing program 1-3 applicant's compliance with certain state and federal laws. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter K, Chapter 2306, Government Code, is 1-6 amended by adding Section 2306.257 to read as follows: 1-7 Sec. 2306.257. APPLICANT COMPLIANCE WITH STATE AND FEDERAL 1-8 LAWS PROHIBITING DISCRIMINATION: CERTIFICATION AND MONITORING. (a) 1-9 The department may provide assistance through a housing program 1-10 under this chapter only to an applicant who certifies the 1-11 applicant's compliance with: 1-12 (1) state and federal fair housing laws, including 1-13 Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Section 3601 1-14 et seq.), the Fair Housing Amendments Act of 1988 (Public Law 1-15 100-430), and Chapter 301, Property Code; 1-16 (2) the Civil Rights Act of 1964 (42 U.S.C. Section 1-17 2000a et seq.); 1-18 (3) the Americans with Disabilities Act of 1990 (42 1-19 U.S.C. Section 12101 et seq.); and 1-20 (4) the Rehabilitation Act of 1973 (29 U.S.C. Section 1-21 701 et seq.). 1-22 (b) An applicant must certify compliance with the laws 1-23 listed under Subsection (a) in relation to each structure in a 1-24 project for which the applicant requests assistance through a 2-1 housing program under this chapter, including an office, a 2-2 construction model, or any other structure used to provide 2-3 residential services. 2-4 (c) The department shall provide education and technical 2-5 assistance for applicants with respect to the requirements of the 2-6 laws listed under Subsection (a). 2-7 (d) In conjunction with the Texas Commission on Human 2-8 Rights, the department shall adopt rules governing the 2-9 certification process described by this section, including rules 2-10 establishing: 2-11 (1) procedures for certifying compliance; 2-12 (2) methods for measuring continued compliance; and 2-13 (3) different degrees of sanctions for noncompliance 2-14 and reasonable periods for correcting noncompliance. 2-15 (e) Sanctions imposed under Subsection (d)(3) may: 2-16 (1) include a public reprimand, a termination of 2-17 assistance, and a bar on future eligibility for assistance through 2-18 a housing program under this chapter; and 2-19 (2) be imposed in addition to any action taken by the 2-20 Texas Commission on Human Rights. 2-21 (f) The department shall promptly notify the Texas 2-22 Commission on Human Rights if the department determines that a 2-23 program participant may have failed to comply with the laws listed 2-24 under Subsection (a). 2-25 SECTION 2. Section 2306.257, Government Code, as added by 2-26 this Act, applies only to an applicant for assistance through a 2-27 housing program who submits an application on or after the 3-1 effective date of this Act. 3-2 SECTION 3. This Act takes effect September 1, 2001.