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A BILL TO BE ENTITLED
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AN ACT
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relating to a determination of home ownership by the Texas |
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Department of Housing and Community Affairs following a disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 2306, Government Code, is |
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amended by adding Section 2306.188 to read as follows: |
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Sec. 2306.188. ESTABLISHING HOME OWNERSHIP IN DISASTER |
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AREA. (a) The department may adopt rules to allow applicants for |
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department assistance with respect to a home located in an area |
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declared to be a disaster under Section 418.014 to establish |
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ownership of the home through nontraditional documentation of |
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title, such as an affidavit of heirship, tax receipts, electric |
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bills, or evidence of insurance for the home. |
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(b) Any rules adopted under this section must include |
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standards for documentation that are designed to ensure that |
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department assistance is provided only to an applicant who is a |
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record title holder of the home and who was in possession of the |
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home on the date that the disaster was declared. The rules may not, |
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as a condition for the receipt of that assistance, require the |
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applicant to establish clear title through the use of a private |
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entity that researches title and guarantees clear title. |
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SECTION 2. The Texas Department of Housing and Community |
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Affairs shall adopt the rules required by Section 2306.188, |
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Government Code, as added by this Act, not later than October 1, |
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2009. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |