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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 and to the appointment of |
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commissioners of a municipal housing authority; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.5521, Government Code, is amended |
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to read as follows: |
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Sec. 2306.5521. SUNSET PROVISION. The Texas State |
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Affordable Housing Corporation is subject to Chapter 325 (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the corporation is abolished and this subchapter expires |
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September 1, 2023 [2011]. |
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SECTION 2. Sections 2306.554(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The board of directors of the corporation consists of |
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five members appointed by the governor. One member must represent |
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the interests of individuals and families served by the |
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corporation's single-family mortgage loan programs, one member |
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must represent nonprofit housing organizations, and the remaining |
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three members must [who] represent one or more [any] of the |
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following areas: |
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(1) state or federal savings banks or savings and loan |
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associations; |
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(2) community banks with assets of $200 million or |
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less; |
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(3) large metropolitan banks with assets of more than |
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$1 billion; |
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(4) asset management companies; |
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(5) mortgage servicing companies; |
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(6) builders; |
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(7) real estate developers; |
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(8) real estate brokers; |
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(9) community or economic development organizations; |
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(10) private mortgage companies; |
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(11) nonprofit housing development companies; |
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(12) attorneys; |
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(13) investment bankers; |
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(14) underwriters; |
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(15) private mortgage insurance companies; |
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(16) appraisers; |
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(17) property management companies; |
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(18) financial advisors; |
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(19) nonprofit foundations; |
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(20) financial advisors; or |
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(21) any other area of expertise that the governor |
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finds necessary for the successful operation of the corporation. |
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(b) The governor shall designate a member of the |
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corporation's board of directors as the presiding officer of the |
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[corporation's] board of directors to serve in that capacity at the |
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pleasure of the governor [from the members]. |
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SECTION 3. Section 2306.5543(b), Government Code, is |
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amended to read as follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the legislation that created the corporation [and
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the corporation's board of directors]; |
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(2) the programs, functions, rules, and budget of |
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[operated by] the corporation; |
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(3) [the role and functions of the corporation;
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[(4)
the rules of the corporation with an emphasis on
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the rules that relate to disciplinary and investigatory authority;
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[(5) the current budget for the corporation;
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[(6)] the results of the most recent formal audit of the |
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corporation; |
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(4) [(7)] the requirements of laws relating to[:
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[(A) the] open meetings, [law, Chapter 551;
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[(B) the] public information, [law, Chapter 552;
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[(C) the] administrative procedure, and |
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conflicts of interest [law, Chapter 2001; and
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[(D)
other laws relating to public officials,
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including conflict-of-interest laws]; and |
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(5) [(8)] any applicable ethics policies adopted by |
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the corporation or the Texas Ethics Commission. |
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SECTION 4. Section 2306.5545(b), Government Code, is |
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amended to read as follows: |
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(b) A person may not be a member of the corporation's board |
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of directors and may not be a corporation employee employed in a |
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"bona fide executive, administrative, or professional capacity," |
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as that phrase is used for purposes of establishing an exemption to |
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the overtime provisions of the federal Fair Labor Standards Act of |
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1938 (29 U.S.C. Section 201 et seq.), and its subsequent |
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amendments, if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of banking, |
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mortgage lending, real estate, housing development, or housing |
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construction; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of banking, |
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mortgage lending, real estate, housing development, or housing |
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construction. |
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SECTION 5. Subchapter Y, Chapter 2306, Government Code, is |
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amended by adding Section 2306.5549 to read as follows: |
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Sec. 2306.5549. MEETINGS OF THE CORPORATION'S BOARD. (a) |
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The corporation's board may hold meetings when called by the |
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presiding officer, the president, or three of the members. |
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(b) The corporation's board shall keep minutes and complete |
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transcripts of its meetings. The corporation shall post the |
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transcripts on its Internet website and shall otherwise maintain |
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all accounts, minutes, and other records related to the meetings. |
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(c) All materials provided to the corporation's board that |
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are relevant to a matter proposed for discussion at a meeting of |
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that board must be posted on the corporation's Internet website not |
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later than the third day before the date of the meeting. |
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(d) Any materials made available to the corporation's board |
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by the corporation at a meeting of that board must be made available |
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in hard-copy format to the members of the public in attendance at |
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the meeting. |
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(e) The corporation's board shall conduct its meetings in |
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accordance with Chapter 551, except as otherwise required by this |
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chapter. |
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(f) For each item on the agenda at a meeting of the |
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corporation's board, the corporation's board shall provide for |
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public comment after the presentation made by corporation staff and |
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the motions made by the corporation's board on that topic. |
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(g) The corporation's board shall adopt rules that give the |
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public a reasonable amount of time for testimony at meetings. |
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SECTION 6. Subchapter Y, Chapter 2306, Government Code, is |
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amended by adding Section 2306.5553 to read as follows: |
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Sec. 2306.5553. HISTORICALLY UNDERUTILIZED BUSINESSES. (a) |
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The corporation shall make a good faith effort to provide |
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contracting opportunities for, and to increase contract awards to, |
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historically underutilized businesses for all services that may be |
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required by the corporation, including professional and consulting |
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services and commodities purchases. |
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(b) In accordance with Subchapter B, Chapter 20, Title 34, |
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Texas Administrative Code, a good faith effort under Subsection (a) |
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must include awarding historically underutilized businesses at |
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least a portion of the total contract value of all contracts the |
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corporation expects to award in a state fiscal year. |
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(c) The corporation may achieve annual procurement goals |
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under this section by contracting directly with historically |
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underutilized businesses or by contracting indirectly with those |
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businesses through the provision of subcontracting opportunities. |
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SECTION 7. Section 2306.559(d), Government Code, is amended |
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to read as follows: |
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(d) The report must include: |
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(1) a statement of support, revenue, and expenses and |
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change in fund balances; |
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(2) a statement of functional expenses; [and] |
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(3) balance sheets for all funds; |
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(4) the number, amount, and purpose of private gifts, |
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grants, donations, or other funds applied for and received; |
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(5) the number, amount, and purpose of loans provided |
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to affordable housing developers, regardless of whether the |
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corporation provides those loans directly to the developers or |
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administers the loans from another source; |
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(6) the amount and source of funds deposited into any |
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fund created by the corporation for the purpose of providing grants |
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and the number, amount, and purpose of any grants provided; and |
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(7) the total amount of annual revenue generated by |
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the corporation in excess of its expenditures. |
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SECTION 8. Subchapter Y, Chapter 2306, Government Code, is |
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amended by adding Section 2306.5671 to read as follows: |
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Sec. 2306.5671. COMPLIANCE WITH TERMS OF CERTAIN CONTRACTS |
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OR AGREEMENTS. A compliance contract or agreement between the |
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corporation and a housing sponsor that receives bond financing by |
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or through the corporation for the purpose of providing affordable |
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multifamily housing must contain a provision stating that if the |
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housing sponsor fails to comply with the terms of the contract or |
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agreement, the corporation may, at a minimum and as appropriate: |
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(1) assess penalties; |
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(2) remove the manager of the affected property and |
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select a new manager; |
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(3) withdraw reserve funds to make needed repairs and |
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replacements to the property; or |
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(4) appoint the corporation as a receiver to protect |
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and operate the property. |
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SECTION 9. Section 2306.568, Government Code, is amended to |
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read as follows: |
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Sec. 2306.568. RECORD OF COMPLAINTS. (a) The corporation |
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shall maintain a system to promptly and efficiently act on |
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complaints [file on each written complaint] filed with the |
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corporation. The corporation shall maintain information about |
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parties to the complaint, [file must include:
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[(1) the name of the person who filed the complaint;
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[(2)
the date the complaint is received by the
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corporation;
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[(3)] the subject matter of the complaint,[;
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[(4)
the name of each person contacted in relation to
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the complaint;
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[(5)] a summary of the results of the review or |
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investigation of the complaint, and its disposition[; and
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[(6)
an explanation of the reason the file was closed,
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if the corporation closed the file without taking action other than
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to investigate the complaint]. |
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(b) The corporation shall make information available |
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describing its [provide to the person filing the complaint and to
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each person who is a subject of the complaint a copy of the
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corporation's policies and] procedures for [relating to] complaint |
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investigation and resolution. |
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(c) The corporation[, at least quarterly until final
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disposition of the complaint,] shall periodically notify the |
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[person filing the] complaint parties [and each person who is a
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subject of the complaint] of the status of the complaint until final |
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disposition [investigation unless the notice would jeopardize an
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undercover investigation]. |
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SECTION 10. Section 392.0331, Local Government Code, is |
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amended by amending Subsections (b) and (f) and adding Subsections |
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(b-1) and (f-1) to read as follows: |
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(b) Except as provided by Subsection (b-1), in [In] |
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appointing commissioners under Section 392.031, a municipality |
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with a municipal housing authority composed of five commissioners |
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shall appoint at least one commissioner to the authority who is a |
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tenant of a public housing project over which the authority has |
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jurisdiction. In appointing commissioners under Section 392.031, a |
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municipality with a municipal housing authority composed of seven |
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or more commissioners shall appoint at least two commissioners to |
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the authority who are tenants of a public housing project over which |
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the authority has jurisdiction. |
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(b-1) The presiding officer of the governing body of a |
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municipality that has a municipal housing authority in which the |
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total number of units is 150 |
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or fewer is not required to appoint a |
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tenant to the position of commissioner as otherwise required by |
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Subsection (b) if the presiding officer has provided timely notice |
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of a vacancy in the position to all eligible tenants and is unable |
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to fill the position with an eligible tenant before the 60th day |
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after the date the position becomes vacant. |
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(f) Except as provided by Subsection (f-1), a [A] |
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commissioner appointed under this section may not serve more than |
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two consecutive two-year terms. |
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(f-1) Subsection (f) does not apply to a municipality that |
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has a municipal housing authority in which the total number of units |
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is 150 or fewer. |
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SECTION 11. Section 2306.5671, Government Code, as added by |
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this Act, does not affect the terms of a compliance contract or |
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agreement entered into before the effective date of this Act, |
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except that if the contract or agreement is renewed, modified, or |
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extended on or after the effective date of this Act, Section |
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2306.5671 applies to the contract or agreement beginning on the |
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date of renewal, modification, or extension. |
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SECTION 12. The change in law made by this Act relating to |
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the qualifications for membership on the board of directors of the |
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Texas State Affordable Housing Corporation does not affect the |
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eligibility of a member of the board serving immediately before the |
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effective date of this Act to continue to serve on the board for the |
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term to which the member was appointed. Not later than February 1, |
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2015, the governor shall appoint members of the board as necessary |
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to ensure that the composition of the board complies with Section |
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2306.554(a), Government Code, as amended by this Act. |
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SECTION 13. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1818 was passed by the House on May |
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10, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1818 on May 23, 2011, by the following vote: Yeas 144, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1818 was passed by the Senate, with |
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amendments, on May 20, 2011, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |