Bill Text: TX HB1818 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Texas State Affordable Housing Corporation and to the appointment of commissioners of a municipal housing authority; providing penalties.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1818 Detail]
Download: Texas-2011-HB1818-Enrolled.html
H.B. No. 1818 |
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relating to the continuation and functions of the Texas State | ||
Affordable Housing Corporation and to the appointment of | ||
commissioners of a municipal housing authority; providing | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2306.5521, Government Code, is amended | ||
to read as follows: | ||
Sec. 2306.5521. SUNSET PROVISION. The Texas State | ||
Affordable Housing Corporation is subject to Chapter 325 (Texas | ||
Sunset Act). Unless continued in existence as provided by that | ||
chapter, the corporation is abolished and this subchapter expires | ||
September 1, 2023 [ |
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SECTION 2. Sections 2306.554(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The board of directors of the corporation consists of | ||
five members appointed by the governor. One member must represent | ||
the interests of individuals and families served by the | ||
corporation's single-family mortgage loan programs, one member | ||
must represent nonprofit housing organizations, and the remaining | ||
three members must [ |
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following areas: | ||
(1) state or federal savings banks or savings and loan | ||
associations; | ||
(2) community banks with assets of $200 million or | ||
less; | ||
(3) large metropolitan banks with assets of more than | ||
$1 billion; | ||
(4) asset management companies; | ||
(5) mortgage servicing companies; | ||
(6) builders; | ||
(7) real estate developers; | ||
(8) real estate brokers; | ||
(9) community or economic development organizations; | ||
(10) private mortgage companies; | ||
(11) nonprofit housing development companies; | ||
(12) attorneys; | ||
(13) investment bankers; | ||
(14) underwriters; | ||
(15) private mortgage insurance companies; | ||
(16) appraisers; | ||
(17) property management companies; | ||
(18) financial advisors; | ||
(19) nonprofit foundations; | ||
(20) financial advisors; or | ||
(21) any other area of expertise that the governor | ||
finds necessary for the successful operation of the corporation. | ||
(b) The governor shall designate a member of the | ||
corporation's board of directors as the presiding officer of the | ||
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pleasure of the governor [ |
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SECTION 3. Section 2306.5543(b), Government Code, is | ||
amended to read as follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the legislation that created the corporation [ |
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(2) the programs, functions, rules, and budget of | ||
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corporation; | ||
(4) [ |
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conflicts of interest [ |
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the corporation or the Texas Ethics Commission. | ||
SECTION 4. Section 2306.5545(b), Government Code, is | ||
amended to read as follows: | ||
(b) A person may not be a member of the corporation's board | ||
of directors and may not be a corporation employee employed in a | ||
"bona fide executive, administrative, or professional capacity," | ||
as that phrase is used for purposes of establishing an exemption to | ||
the overtime provisions of the federal Fair Labor Standards Act of | ||
1938 (29 U.S.C. Section 201 et seq.), and its subsequent | ||
amendments, if: | ||
(1) the person is an officer, employee, or paid | ||
consultant of a Texas trade association in the field of banking, | ||
mortgage lending, real estate, housing development, or housing | ||
construction; or | ||
(2) the person's spouse is an officer, manager, or paid | ||
consultant of a Texas trade association in the field of banking, | ||
mortgage lending, real estate, housing development, or housing | ||
construction. | ||
SECTION 5. Subchapter Y, Chapter 2306, Government Code, is | ||
amended by adding Section 2306.5549 to read as follows: | ||
Sec. 2306.5549. MEETINGS OF THE CORPORATION'S BOARD. (a) | ||
The corporation's board may hold meetings when called by the | ||
presiding officer, the president, or three of the members. | ||
(b) The corporation's board shall keep minutes and complete | ||
transcripts of its meetings. The corporation shall post the | ||
transcripts on its Internet website and shall otherwise maintain | ||
all accounts, minutes, and other records related to the meetings. | ||
(c) All materials provided to the corporation's board that | ||
are relevant to a matter proposed for discussion at a meeting of | ||
that board must be posted on the corporation's Internet website not | ||
later than the third day before the date of the meeting. | ||
(d) Any materials made available to the corporation's board | ||
by the corporation at a meeting of that board must be made available | ||
in hard-copy format to the members of the public in attendance at | ||
the meeting. | ||
(e) The corporation's board shall conduct its meetings in | ||
accordance with Chapter 551, except as otherwise required by this | ||
chapter. | ||
(f) For each item on the agenda at a meeting of the | ||
corporation's board, the corporation's board shall provide for | ||
public comment after the presentation made by corporation staff and | ||
the motions made by the corporation's board on that topic. | ||
(g) The corporation's board shall adopt rules that give the | ||
public a reasonable amount of time for testimony at meetings. | ||
SECTION 6. Subchapter Y, Chapter 2306, Government Code, is | ||
amended by adding Section 2306.5553 to read as follows: | ||
Sec. 2306.5553. HISTORICALLY UNDERUTILIZED BUSINESSES. (a) | ||
The corporation shall make a good faith effort to provide | ||
contracting opportunities for, and to increase contract awards to, | ||
historically underutilized businesses for all services that may be | ||
required by the corporation, including professional and consulting | ||
services and commodities purchases. | ||
(b) In accordance with Subchapter B, Chapter 20, Title 34, | ||
Texas Administrative Code, a good faith effort under Subsection (a) | ||
must include awarding historically underutilized businesses at | ||
least a portion of the total contract value of all contracts the | ||
corporation expects to award in a state fiscal year. | ||
(c) The corporation may achieve annual procurement goals | ||
under this section by contracting directly with historically | ||
underutilized businesses or by contracting indirectly with those | ||
businesses through the provision of subcontracting opportunities. | ||
SECTION 7. Section 2306.559(d), Government Code, is amended | ||
to read as follows: | ||
(d) The report must include: | ||
(1) a statement of support, revenue, and expenses and | ||
change in fund balances; | ||
(2) a statement of functional expenses; [ |
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(3) balance sheets for all funds; | ||
(4) the number, amount, and purpose of private gifts, | ||
grants, donations, or other funds applied for and received; | ||
(5) the number, amount, and purpose of loans provided | ||
to affordable housing developers, regardless of whether the | ||
corporation provides those loans directly to the developers or | ||
administers the loans from another source; | ||
(6) the amount and source of funds deposited into any | ||
fund created by the corporation for the purpose of providing grants | ||
and the number, amount, and purpose of any grants provided; and | ||
(7) the total amount of annual revenue generated by | ||
the corporation in excess of its expenditures. | ||
SECTION 8. Subchapter Y, Chapter 2306, Government Code, is | ||
amended by adding Section 2306.5671 to read as follows: | ||
Sec. 2306.5671. COMPLIANCE WITH TERMS OF CERTAIN CONTRACTS | ||
OR AGREEMENTS. A compliance contract or agreement between the | ||
corporation and a housing sponsor that receives bond financing by | ||
or through the corporation for the purpose of providing affordable | ||
multifamily housing must contain a provision stating that if the | ||
housing sponsor fails to comply with the terms of the contract or | ||
agreement, the corporation may, at a minimum and as appropriate: | ||
(1) assess penalties; | ||
(2) remove the manager of the affected property and | ||
select a new manager; | ||
(3) withdraw reserve funds to make needed repairs and | ||
replacements to the property; or | ||
(4) appoint the corporation as a receiver to protect | ||
and operate the property. | ||
SECTION 9. Section 2306.568, Government Code, is amended to | ||
read as follows: | ||
Sec. 2306.568. RECORD OF COMPLAINTS. (a) The corporation | ||
shall maintain a system to promptly and efficiently act on | ||
complaints [ |
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corporation. The corporation shall maintain information about | ||
parties to the complaint, [ |
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investigation of the complaint, and its disposition[ |
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(b) The corporation shall make information available | ||
describing its [ |
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investigation and resolution. | ||
(c) The corporation[ |
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disposition [ |
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SECTION 10. Section 392.0331, Local Government Code, is | ||
amended by amending Subsections (b) and (f) and adding Subsections | ||
(b-1) and (f-1) to read as follows: | ||
(b) Except as provided by Subsection (b-1), in [ |
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appointing commissioners under Section 392.031, a municipality | ||
with a municipal housing authority composed of five commissioners | ||
shall appoint at least one commissioner to the authority who is a | ||
tenant of a public housing project over which the authority has | ||
jurisdiction. In appointing commissioners under Section 392.031, a | ||
municipality with a municipal housing authority composed of seven | ||
or more commissioners shall appoint at least two commissioners to | ||
the authority who are tenants of a public housing project over which | ||
the authority has jurisdiction. | ||
(b-1) The presiding officer of the governing body of a | ||
municipality that has a municipal housing authority in which the | ||
total number of units is 150 | ||
or fewer is not required to appoint a | ||
tenant to the position of commissioner as otherwise required by | ||
Subsection (b) if the presiding officer has provided timely notice | ||
of a vacancy in the position to all eligible tenants and is unable | ||
to fill the position with an eligible tenant before the 60th day | ||
after the date the position becomes vacant. | ||
(f) Except as provided by Subsection (f-1), a [ |
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commissioner appointed under this section may not serve more than | ||
two consecutive two-year terms. | ||
(f-1) Subsection (f) does not apply to a municipality that | ||
has a municipal housing authority in which the total number of units | ||
is 150 or fewer. | ||
SECTION 11. Section 2306.5671, Government Code, as added by | ||
this Act, does not affect the terms of a compliance contract or | ||
agreement entered into before the effective date of this Act, | ||
except that if the contract or agreement is renewed, modified, or | ||
extended on or after the effective date of this Act, Section | ||
2306.5671 applies to the contract or agreement beginning on the | ||
date of renewal, modification, or extension. | ||
SECTION 12. The change in law made by this Act relating to | ||
the qualifications for membership on the board of directors of the | ||
Texas State Affordable Housing Corporation does not affect the | ||
eligibility of a member of the board serving immediately before the | ||
effective date of this Act to continue to serve on the board for the | ||
term to which the member was appointed. Not later than February 1, | ||
2015, the governor shall appoint members of the board as necessary | ||
to ensure that the composition of the board complies with Section | ||
2306.554(a), Government Code, as amended by this Act. | ||
SECTION 13. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1818 was passed by the House on May | ||
10, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1818 on May 23, 2011, by the following vote: Yeas 144, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1818 was passed by the Senate, with | ||
amendments, on May 20, 2011, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |