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.