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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial review of a decision to terminate certain |
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federal housing assistance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 392.006, Local Government Code, is |
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amended to read as follows: |
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Sec. 392.006. UNIT OF GOVERNMENT; GOVERNMENTAL FUNCTIONS. |
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For all purposes, including the application of the Texas Tort |
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Claims Act (Chapter 101, Civil Practice and Remedies Code), a |
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housing authority is a unit of government and the functions of a |
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housing authority are essential governmental functions and not |
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proprietary functions. Provided, however, a housing authority |
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shall be subject to all landlord obligations and tenant remedies, |
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other than a suit for personal injuries, as set forth in any lease |
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or rental agreement and in Chapters 24, 54, 91, 92, and 301, [of
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the] Property Code, and Section 392.105. |
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SECTION 2. Subchapter F, Chapter 392, Local Government |
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Code, is amended by adding Section 392.105 to read as follows: |
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Sec. 392.105. JUDICIAL REVIEW OF TERMINATION OF |
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TENANT-BASED ASSISTANCE. (a) In this section, "federal housing |
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tenant-based assistance program" means: |
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(1) the housing choice voucher program or the disaster |
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voucher program under Section 8, United States Housing Act of 1937 |
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(42 U.S.C. Section 1437f); or |
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(2) the disaster housing assistance program under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.). |
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(b) Notwithstanding any other law, a participant in a |
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federal housing tenant-based assistance program whose tenant-based |
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assistance is terminated by a housing authority may seek judicial |
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review of the termination decision by filing suit in the state |
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district court or the statutory county court of the county in which |
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the participant resided through the use of that assistance. |
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(c) The filing of a petition for judicial review stays the |
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termination if suit is filed not later than the 30th day after the |
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date the termination decision by the housing authority becomes |
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final. |
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(d) Review of the decision is by trial de novo. The court |
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shall determine by a preponderance of the evidence whether the |
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termination of the participant's tenant-based assistance was |
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appropriate based on: |
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(1) state and federal law; |
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(2) regulations of the United States Department of |
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Housing and Urban Development; |
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(3) housing authority policies; and |
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(4) factual determinations relating to the |
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circumstances of the participant. |
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(e) The court may issue any temporary orders necessary to |
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preserve its jurisdiction and on final judgment may grant all |
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appropriate and necessary relief, including ordering retroactive |
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reinstatement of the tenant-based assistance. |
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SECTION 3. The change in law made by this Act applies only |
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to decisions to terminate tenant-based assistance that occur on or |
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after the effective date of this Act. Termination decisions that |
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occur before the effective date of this Act are governed by the law |
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in effect when the termination decisions occurred, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |