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.