81R10345 ACP-F

By: West S.B. No. 1943

A BILL TO BE ENTITLED

AN ACT

relating to state and municipal actions to ensure compliance with fair housing requirements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 301, Property Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. STATE AND MUNICIPAL ACTIONS FOR

FAIR HOUSING

Sec. 301.201. ADMINISTRATION OF STATE PROGRAMS AND ACTIVITIES RELATING TO HOUSING AND URBAN DEVELOPMENT. Each state agency shall administer its programs and activities relating to housing and urban development in a manner that affirmatively furthers the goals of fair housing under this chapter.

Sec. 301.202. GOVERNOR'S FAIR HOUSING ADVISORY COUNCIL. (a) In this section, "council" means the governor's fair housing advisory council.

(b) The governor's fair housing advisory council is established. The council is composed of the heads of each of the following state agencies:

(1) the Office of Rural Community Affairs;

(2) the Health and Human Services Commission;

(3) the Texas Department of Transportation;

(4) the Texas Education Agency;

(5) the Texas Department of Housing and Community Affairs; and

(6) any other state agencies designated by the governor.

(c) The executive director of the Texas Department of Housing and Community Affairs serves as the presiding officer of the council.

(d) The council shall review the design and delivery of state programs and activities relating to housing and urban development to ensure that the programs and activities support a coordinated strategy to affirmatively further the goals of fair housing under this chapter. As necessary to achieve the goals of this chapter, the council shall:

(1) propose revisions to existing programs or activities;

(2) develop pilot programs and activities; and

(3) propose new programs and activities.

(e) In support of the council's goal of cooperative efforts among all state agencies, the executive director of the Texas Department of Housing and Community Affairs shall:

(1) cooperate with, and render assistance to, the heads of all state agencies in the formulation of policies and procedures to:

(A) affirmatively further fair housing goals; and

(B) provide information and guidance on the affirmative administration of programs and activities relating to housing and urban development and the protection of the rights accorded by this chapter; and

(2) develop with other state agencies memoranda of understanding and any necessary implementing procedures designed to provide for consultation and the coordination of state efforts to further fair housing goals through the affirmative administration of programs and activities relating to housing and urban development.

(f) In implementing responsibilities under this subchapter, the Texas Department of Housing and Community Affairs shall adopt rules that describe:

(1) the functions, organization, and operations of the council;

(2) the responsibilities and obligations of state agencies in ensuring that programs and activities are administered and executed in a manner that furthers fair housing;

(3) programs and activities that affirmatively further the goals of fair housing; and

(4) a method to identify impediments in programs or activities that restrict fair housing choice and implement incentives that will maximize the success of practices that affirmatively further fair housing goals.

Sec. 301.203. MUNICIPALITIES. Each municipality shall administer municipal programs and activities relating to housing and urban development in a manner that affirmatively furthers the goals of fair housing under this chapter.

Sec. 301.204. ANNUAL REPORT. (a) The Texas Department of Housing and Community Affairs shall prepare an annual report describing the progress of the department and other state agencies in carrying out requirements and responsibilities under this subchapter.

(b) The department shall submit the report required under Subsection (a) not later than December 1 of each year to the governor, the lieutenant governor, the speaker of the house of representatives, and the appropriate committees of the senate and the house of representatives.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.