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A BILL TO BE ENTITLED
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AN ACT
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relating to programs operated by the Texas Department of Housing |
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and Community Affairs to increase access to safe and affordable |
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housing in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2306, Government Code, is amended by |
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adding Subchapter EE to read as follows: |
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SUBCHAPTER EE. AMY YOUNG BARRIER REMOVAL PROGRAM |
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Sec. 2306.6801. DEFINITIONS. In this subchapter: |
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(1) "Person with a disability" means a person with one |
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or more documented physical or mental impairments, or who is |
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regarded as having one or more physical or mental impairments, that |
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substantially limit the person's ability to perform major life |
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activities. |
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(2) "Program" means the Amy Young Barrier Removal |
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Program established under this subchapter. |
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(3) "Program administrator" means an entity certified |
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by the department to administer services under the program, |
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including: |
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(A) a local governmental entity; |
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(B) a council of governments; |
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(C) a nonprofit organization; |
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(D) a local mental health authority; and |
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(E) a public housing authority. |
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Sec. 2306.6802. ESTABLISHMENT OF PROGRAM. (a) The |
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department shall establish the Amy Young Barrier Removal Program to |
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provide grants for modifying the home in which a person with a |
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disability lives to: |
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(1) increase the accessibility of the home; |
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(2) eliminate life-threatening hazards in the home; or |
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(3) correct unsafe living conditions in the home. |
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(b) A grant awarded under the program may not exceed |
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$20,000. |
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(c) The department may adopt rules as necessary to implement |
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this subchapter. |
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Sec. 2306.6803. ELIGIBILITY. (a) A grant recipient must: |
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(1) be a tenant, homeowner, or other member of a |
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household in which a person with a disability lives; and |
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(2) meet the eligibility requirements of this section. |
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(b) To be eligible for a grant under the program, the income |
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of the household for which a grant is sought may not exceed the |
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greater of 80 percent of the area median family income or 80 percent |
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of the statewide income limits, adjusted for household size, as |
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determined annually by the United States Department of Housing and |
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Urban Development. |
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(c) The department may adopt other eligibility requirements |
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that are deemed appropriate by the department. |
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Sec. 2306.6804. PROGRAM ADMINISTRATION. (a) The |
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department may certify a program administrator to: |
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(1) process applications for a grant; |
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(2) verify eligibility of a grant applicant; |
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(3) secure construction contractors to renovate or |
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rehabilitate a home under the program; and |
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(4) oversee the renovation or rehabilitation of a home |
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under the program. |
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(b) The department by rule shall adopt procedures for the |
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certification of a program administrator. |
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(c) An entity that receives funding under the federal HOME |
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Investment Partnership Program may not serve as a program |
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administrator. |
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Sec. 2306.6805. FUNDING. (a) The department shall award |
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grants under the program using: |
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(1) gifts, grants, or donations solicited by the |
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department for purposes of this subchapter; and |
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(2) money in the barrier removal grant fund |
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established under Section 2306.6806. |
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(b) In a state fiscal year, the department may use not more |
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than 10 percent of the revenue available for purposes of this |
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subchapter to increase the ability of program administrators to |
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assist the department in implementing the purposes of this chapter |
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and to increase the number of entities that are able to implement |
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those purposes. The department shall use available revenue under |
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this subsection to provide financial assistance, technical |
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training, and management support for the purposes of this |
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subsection. |
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Sec. 2306.6806. BARRIER REMOVAL GRANT FUND. (a) The |
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department shall establish the barrier removal grant fund in the |
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department. Money in the fund may be used only for the purpose of |
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awarding grants under the program. |
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(b) Each year, the department shall transfer not less than |
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$3 million to the barrier removal grant fund from money received by |
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the department from federal block grants, money from the housing |
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trust fund established under Section 2306.201, not including money |
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specifically allocated under Section 2306.758(d) as part of the |
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owner-builder loan program, or money appropriated to the department |
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by the legislature for the purposes of this subchapter. |
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SECTION 2. Section 2306.753(b), Government Code, is amended |
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to read as follows: |
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(b) To be eligible for a loan under this subchapter, an |
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owner-builder: |
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(1) may not have an annual income that exceeds 80 [60] |
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percent, as determined by the department, of the greater of the |
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state or local median family income, when combined with the income |
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of any person who resides with the owner-builder; |
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(2) must have resided in this state for the preceding |
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six months; |
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(3) must have successfully completed an owner-builder |
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education class under Section 2306.756; and |
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(4) must agree to: |
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(A) provide through personal labor at least 65 |
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percent of the labor necessary to build or rehabilitate the |
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proposed housing by working through a state-certified |
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owner-builder housing program; |
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(B) provide an amount of personal labor |
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equivalent to the amount required under Paragraph (A) in connection |
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with building or rehabilitating housing for others through a |
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state-certified owner-builder housing program; |
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(C) provide through the noncontract labor of |
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friends, family, or volunteers and through personal labor at least |
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65 percent of the labor necessary to build or rehabilitate the |
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proposed housing by working through a state-certified |
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owner-builder housing program; or |
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(D) if due to documented disability or other |
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limiting circumstances as defined by department rule the |
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owner-builder cannot provide the amount of personal labor otherwise |
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required by this subdivision, provide through the noncontract labor |
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of friends, family, or volunteers at least 65 percent of the labor |
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necessary to build or rehabilitate the proposed housing by working |
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through a state-certified owner-builder housing program. |
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SECTION 3. Section 2306.758(d), Government Code, is amended |
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to read as follows: |
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(d) All money received by the department as part of the |
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owner-builder loan program under this subchapter, including any |
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amount received by the department for payment of the principal of or |
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interest on a loan made under this subchapter, shall be deposited in |
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the housing trust fund established under Section 2306.201 to be |
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used to carry out the purposes of this subchapter. If the money to |
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be received by the department for a state fiscal year for payment of |
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the principal of or interest on a loan made under this subchapter is |
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less than $7 [$3] million for a state fiscal year, the department |
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shall use any available source of money in the housing trust fund to |
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ensure that not less than $7 [$3] million is used for the |
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owner-builder loan program each state fiscal year. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Texas Department of Housing and Community Affairs |
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shall adopt rules as necessary to implement Subchapter EE, Chapter |
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2306, Government Code, as added by this Act. |
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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, 2019. |