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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and administration of a program by |
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the Texas Department of Housing and Community Affairs for the |
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demolition and replacement of unsafe housing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 2306, Government Code, is |
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amended by adding Section 2306.2595 to read as follows: |
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Sec. 2306.2595. TEXAS SAFE HOME PROGRAM. (a) The |
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department shall establish and administer a program to provide |
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financial assistance for the demolition and replacement of |
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owner-occupied single-family homes that are in a condition that |
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poses a risk to the health and safety of the occupants. |
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(b) The board shall adopt rules to implement the program |
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described by this section. Rules adopted under this section must |
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establish: |
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(1) procedures and forms for nominating a household |
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for participation in the program; |
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(2) eligibility criteria for participation in the |
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program, including criteria based on: |
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(A) the financial need of the household; |
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(B) the physical condition of the home; and |
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(C) other criteria the board considers |
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necessary; |
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(3) procedures for evaluating a household's |
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eligibility for participation in the program; |
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(4) a system that: |
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(A) prioritizes and maximizes the allocation of |
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available funds; and |
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(B) includes the assignment of eligible |
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households to specific funding priority levels that are designed to |
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ensure the most effective use of funds for the most exigent |
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circumstances; and |
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(5) the manner in which a nomination must be made and |
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the manner in which households will be assigned to a specific |
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funding priority level under the system described by Subdivision |
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(4). |
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(c) Funding priority levels described by Subsection |
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(b)(4)(B) must give high priority to: |
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(1) households with children, the elderly, or persons |
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with disabilities; |
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(2) households whose health and safety are at greatest |
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risk due to the continued occupancy of a home described by |
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Subsection (a); and |
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(3) households that: |
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(A) are eligible for and will receive third-party |
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contributions, including volunteer labor or additional loans, |
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grants, or other financial assistance; or |
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(B) will contribute labor in the demolition or |
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construction of the home. |
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(d) A household may be nominated for participation in the |
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program by a mayor, fire chief, fire marshal, volunteer fire chief, |
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county commissioner, or county judge filing a nomination with the |
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department. |
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(e) On receipt of a nomination regarding a household, the |
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department shall determine whether the household is eligible to |
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participate in the program. If the household is eligible, the |
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department shall establish a funding priority level for the |
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household. |
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(f) A household may not be required to participate in the |
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program. |
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(g) In determining whether a nominated household is |
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eligible for participation in the program and for the purpose of |
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establishing a funding priority level for the household, a |
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representative or designee of the manufactured housing division of |
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the department shall inspect the home with the homeowner and with |
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the person who nominated the household or that person's designee. |
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(h) Financial assistance administered under this section |
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may be provided in the form of a grant, partial grant, loan, or |
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forgivable loan. |
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(i) The department shall establish in the housing trust fund |
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a subaccount that may be used only for providing financial |
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assistance through the program established under this section. The |
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subaccount consists of: |
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(1) money deposited to the subaccount under Section |
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158.056, Tax Code; |
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(2) appropriations or transfers made to the |
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subaccount; |
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(3) unencumbered balances of the subaccount; |
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(4) public or private gifts, grants, or donations; |
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(5) investment income, including all interest, |
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dividends, capital gains, or other income from the investment of |
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any portion of the subaccount; |
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(6) repayments received on any loans made from the |
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subaccount; and |
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(7) funds from any other source. |
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(j) The department shall attempt to secure an agreement |
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with: |
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(1) private lending institutions for below market rate |
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loans for use in the program; and |
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(2) manufacturers of manufactured housing for the |
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provision of HUD-code manufactured homes at a discounted price. |
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(k) An entity that enters into an agreement with the |
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department under Subsection (j) may: |
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(1) be designated as an "Official Partner of the State |
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of Texas for Safe and Affordable Homes"; and |
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(2) use the designation described by Subdivision (1) |
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in advertising and promotion. |
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(l) The department may enter into a contract for the |
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administration of the program. |
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(m) Not later than September 1 of each year, the department |
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shall submit to the governor, the lieutenant governor, the speaker |
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of the house of representatives, and the state fire marshal a report |
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that documents for the preceding state fiscal year the number of |
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households that participated in the program, the nature of the |
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financial assistance provided under the program, and the amounts of |
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public and private financial assistance administered through the |
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program. |
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SECTION 2. Section 158.056, Tax Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) The comptroller shall deposit the tax imposed under this |
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section to the credit of the housing trust fund subaccount |
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established under Section 2306.2595, Government Code, for use only |
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for the purposes authorized by that section. |
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SECTION 3. This Act takes effect September 1, 2015. |