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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas State |
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Affordable Housing Corporation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 2306, Government Code, is |
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amended by adding Section 2306.058 to read as follows: |
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Sec. 2306.058. TRANSITION PLAN FOR CERTAIN POWERS, DUTIES, |
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AND PROGRAMS; RULES. (a) The director by rule shall adopt a |
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transition plan for the department's assumption of the former |
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powers and duties of the Texas State Affordable Housing Corporation |
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under Section 2306.551. The transition plan must: |
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(1) include a timetable with specific steps and |
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deadlines needed to fully complete the transfer; and |
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(2) ensure that the transfer is fully implemented not |
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later than January 1, 2010. |
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(b) The director may adopt rules necessary to improve the |
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efficiency or effectiveness of any program that is transferred to |
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the department as a result of the department's assumption of the |
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former powers and duties of the Texas State Affordable Housing |
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Corporation under Section 2306.551, including rules that provide |
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for consolidating the operation of programs already administered by |
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the department and a program or programs that are transferred to the |
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department from the Texas State Affordable Housing Corporation. |
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SECTION 2. Subchapter Y, Chapter 2306, Government Code, is |
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amended by amending Section 2306.551 and adding Section 2306.5511 |
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to read as follows: |
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Sec. 2306.551. TRANSFER OF CORPORATION POWERS AND DUTIES |
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AND ASSETS. (a) The powers and duties of the corporation under |
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this chapter or other law are transferred to the Texas Department of |
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Housing and Community Affairs. |
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(b) The corporation shall transfer to the Texas Department |
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of Housing and Community Affairs: |
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(1) all assets owned or distributed by the |
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corporation, including any real or personal property owned by the |
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corporation and any bond revenue distributed by the corporation; |
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(2) all records related to the operation of any home |
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loan programs under this chapter; and |
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(3) any applications pending with the corporation on |
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the date the corporation is dissolved by the board of the |
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corporation. |
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(c) The board of the corporation shall: |
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(1) take all necessary actions to dissolve the |
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corporation; and |
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(2) at the request of the director, assist the |
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director in formulating the transition plan under Section 2306.058. |
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Sec. 2306.5511. DEFINITION; CONSTRUCTION OF OTHER LAW. (a) |
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In this subchapter, "corporation" means the Texas State Affordable |
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Housing Corporation. |
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(b) A reference in law to the corporation is a reference to |
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the Texas Department of Housing and Community Affairs. |
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SECTION 3. Sections 2306.255(g) and 2306.552, Government |
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Code, are repealed. |
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SECTION 4. (a) The Texas State Affordable Housing |
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Corporation is abolished on January 1, 2010. |
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(b) All powers, duties, obligations, rights, contracts, |
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funds, unspent appropriations, records, real or personal property, |
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and personnel of the Texas State Affordable Housing Corporation |
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shall be transferred to the Texas Department of Housing and |
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Community Affairs not later than January 1, 2010. |
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(c) A policy, procedure, or decision of the Texas State |
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Affordable Housing Corporation relating to a duty of that |
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corporation that is transferred to the authority of the Texas |
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Department of Housing and Community Affairs under Section 2306.551, |
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Government Code, as amended by this Act, continues in effect as a |
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policy, procedure, or decision of the Texas Department of Housing |
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and Community Affairs until superseded by an act of the director of |
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the Texas Department of Housing and Community Affairs. |
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(d) Except as otherwise provided by this Act, the validity |
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of a plan or procedure adopted, contract or acquisition made, |
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proceeding begun, grant or loan awarded, obligation incurred, right |
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accrued, or other action taken by or in connection with the |
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authority of the Texas State Affordable Housing Corporation before |
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that corporation is abolished under Subsection (a) of this section |
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is not affected by the abolishment. |
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(e) The director of the Texas Department of Housing and |
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Community Affairs shall adopt rules relating to the transfer of the |
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programs assigned to the Texas Department of Housing and Community |
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Affairs under Section 2306.551, Government Code, as amended by this |
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Act, not later than October 1, 2009. |
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SECTION 5. 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. |