reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2305 - Restitution for Oil Overcharges › Subchapter D. Oil Overcharge Programs › Section 2305.037. Innovative Energy Demonstration Program

Sec. 2305.037.  INNOVATIVE ENERGY DEMONSTRATION PROGRAM.  (a)  The energy office is the supervising state agency of the innovative energy demonstration program and shall distribute grant money under the program for demonstration projects that develop sustainable and innovative energy resources, including:
(1)  a clean coal project, as defined by Section 5.001, Water Code;
(2)  a gasification project for a coal and biomass mixture;
(3)  photovoltaic, biomass, wind, and solar applications; and
(4)  other appropriate low-emission, renewable, and sustainable energy applications.
(b)  Contingent on the selection of a Texas site for the location of the coal-based integrated sequestration and hydrogen project to be built in partnership with the United States Department of Energy, commonly referred to as the FutureGen project, and to the extent that funds are appropriated for this purpose, the energy office shall distribute to the managing entity of the FutureGen project an amount equal to 50 percent of the total amount invested in the project by private industry sources.  The managing entity of the FutureGen project shall provide records as considered necessary by the energy office to justify grants under this subsection.  Cumulative distributions under this subsection may not exceed $20 million.
(c)  The energy office may require a grant recipient under the program to match a grant in a ratio determined by the energy office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 2305.067 and amended by Acts 1997, 75th Leg., ch. 521, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1097 (H.B. 2201), Sec. 2, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2305 - Restitution for Oil Overcharges › Subchapter D. Oil Overcharge Programs › Section 2305.038. Local Government Energy Program

Sec. 2305.038.  LOCAL GOVERNMENT ENERGY PROGRAM.  (a)  The energy office is the supervisory agency for the local government energy program to provide energy management assistance to public schools, health care institutions, and other local governments.
(b)  Projects funded under this section may include:
(1)  energy management training workshops that address current energy issues and state-of-the-art building energy technologies;
(2)  energy-efficient partnerships with school districts or health care facilities to identify building energy performances, set up customized utility tracking systems, establish operation and maintenance procedures to curtail energy waste, identify capital energy projects that will yield a high return on investment, and locate appropriate sources of retrofit financing;
(3)  assistance in analyzing alternative methods of financing energy-saving projects and negotiating contracts with power suppliers;
(4)  technical support in designing new facilities, building additions, and renovations for energy-efficient operation;  and
(5)  colonias as defined by Section 2306.581.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 2305.069 and amended by Acts 1997, 75th Leg., ch. 521, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2305 - Restitution for Oil Overcharges › Subchapter D. Oil Overcharge Programs › Section 2305.039. Transportation Energy Program

Sec. 2305.039.  TRANSPORTATION ENERGY PROGRAM.  (a)  The energy office is the supervising state agency of the transportation energy program and shall distribute funds under the program for projects relating to mass transit and other transportation services.
(b)  A project may:
(1)  assist a service provider in providing services such as:
(A)  computerized transit routing that is energy efficient;
(B)  commuting solutions;  and
(C)  public education related to mass transit;  and
(2)  include studies to improve existing systems and plan for future transportation systems in this state.
(c)  The energy office may require a grant recipient to match a grant in a ratio determined by the energy office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 2305.070 and amended by Acts 1997, 75th Leg., ch. 521, Sec. 12, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1310, Sec. 67, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2305 - Restitution for Oil Overcharges › Subchapter E. Competitive Grant Programs › Section 2305.075. Small Hospitals Energy Management Program

Sec. 2305.075.  SMALL HOSPITALS ENERGY MANAGEMENT PROGRAM.  (a)  The energy office is the supervising state agency for the small hospitals energy management program.
(b)  The energy office shall use competitive grant money under the program to finance projects designed to assist small hospitals in controlling energy costs.
(c)  Projects funded under this section may include:
(1)  training for hospital personnel;
(2)  technical assistance in establishing an energy management program;
(3)  facility energy audits;  and
(4)  follow-up assistance in maintaining an energy management program.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter A. General Provisions › Section 2306.001. Purposes

Sec. 2306.001.  PURPOSES.  The purposes of the department are to:
(1)  assist local governments in:
(A)  providing essential public services for their residents;  and
(B)  overcoming financial, social, and environmental problems;
(2)  provide for the housing needs of individuals and families of low, very low, and extremely low income and families of moderate income;
(3)  contribute to the preservation, development, and redevelopment of neighborhoods and communities, including cooperation in the preservation of government-assisted housing occupied by individuals and families of very low and extremely low income;
(4)  assist the governor and the legislature in coordinating federal and state programs affecting local government;
(5)  inform state officials and the public of the needs of local government;
(6)  serve as the lead agency for:
(A)  addressing at the state level the problem of homelessness in this state;
(B)  coordinating interagency efforts to address homelessness;  and
(C)  addressing at the state level and coordinating interagency efforts to address any problem associated with homelessness, including hunger;  and
(7)  serve as a source of information to the public regarding all affordable housing resources and community support services in the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 4, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 432, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.01, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 330, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter A. General Provisions › Section 2306.002. Policy

Sec. 2306.002.  POLICY.  (a)  The legislature finds that:
(1)  every resident of this state should have a decent, safe, and affordable living environment;
(2)  government at all levels should be involved in assisting individuals and families of low income in obtaining a decent, safe, and affordable living environment;  and
(3)  the development and diversification of the economy, the elimination of unemployment or underemployment, and the development or expansion of commerce in this state should be encouraged.
(b)  The highest priority of the department is to provide assistance to individuals and families of low and very low income who are not assisted by private enterprise or other governmental programs so that they may obtain affordable housing or other services and programs offered by the department.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.60, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter A. General Provisions › Section 2306.003. Public Purpose

Sec. 2306.003.  PUBLIC PURPOSE.  The duties imposed and activities authorized by this chapter serve public purposes, and public money may be borrowed, spent, advanced, loaned, granted, or appropriated for those purposes.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter A. General Provisions › Section 2306.005. References to Former Law

Sec. 2306.005.  REFERENCES TO FORMER LAW.  A reference in law to the Texas Housing Agency or the Texas Department of Community Affairs means the Texas Department of Housing and Community Affairs.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2306.006.  RULES OF ABOLISHED AGENCIES.  Rules of the abolished Texas Housing Agency and the Texas Department of Community Affairs continue in effect as rules of the Texas Department of Housing and Community Affairs until amended or repealed by the department.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter A. General Provisions › Section 2306.007. Establishing Economically Depressed or Blighted Areas

Sec. 2306.007.  ESTABLISHING ECONOMICALLY DEPRESSED OR BLIGHTED AREAS.  (a)  To establish an economically depressed or blighted area under Section 2306.004(6)(B) or (C), the governing body of a municipality must hold a public hearing and find that the area:
(1)  substantially impairs or arrests the sound growth of the municipality;  or
(2)  is an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use.
(b)  The governing body of a municipality holding a hearing under this section must give notice as provided by Chapter 551, except that notice must be published not less than 10 days before the date of the hearing.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter A. General Provisions › Section 2306.008. Preservation of Affordable Housing

Sec. 2306.008.  PRESERVATION OF AFFORDABLE HOUSING.  (a)  The department shall support in the manner described by Subsection (b) the preservation of affordable housing for individuals with special needs, as defined by Section 2306.511, and individuals and families of low income at any location considered necessary by the department.
(b)  The department shall support the preservation of affordable housing under this section by:
(1)  making low interest financing and grants available to private for-profit and nonprofit buyers who seek to acquire, preserve, and rehabilitate affordable housing;  and
(2)  prioritizing available funding and financing resources for affordable housing preservation activities.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 3.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.022. Application of Sunset Act

Sec. 2306.022.  APPLICATION OF SUNSET ACT.  The Texas Department of Housing and Community Affairs is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2029.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1169, Sec. 1.03, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 330, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 74.01, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.01, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.10, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.024. Board Members: Appointment and Composition

Sec. 2306.024.  BOARD MEMBERS:  APPOINTMENT AND COMPOSITION.  The board consists of seven public members appointed by the governor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.025. Terms of Board Members

Sec. 2306.025.  TERMS OF BOARD MEMBERS.  Members of the board hold office for staggered terms of six years, with the terms of two or three members expiring on January 31 of each odd-numbered year.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.027. Eligibility

Sec. 2306.027.  ELIGIBILITY.  (a)  The governor shall appoint to the board public members who have a demonstrated interest in issues related to housing and community support services.  A person appointed to the board must be a registered voter in the state and may not hold another public office.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees and shall be made in a manner that produces representation on the board of the different geographical regions of this state.  Appointments to the board must broadly reflect the geographic, economic, cultural, and social diversity of the state, including ethnic minorities, persons with disabilities, and women.
(c)  A person may not be a member of the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department;  or
(3)  uses or receives a substantial amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.028. Training

Sec. 2306.028.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the department and the board;
(2)  the programs operated by the department;
(3)  the role and functions of the department;
(4)  the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the department;
(6)  the results of the most recent formal audit of the department;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551;
(B)  the public information law, Chapter 552;
(C)  the administrative procedure law, Chapter 2001;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;
(8)  the requirements of:
(A)  state and federal fair housing laws, including Chapter 301, Property Code, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Section 3601 et seq.), and the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3601 et seq.);
(B)  the Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.);
(C)  the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.);  and
(D)  the Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.);  and
(9)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.030. Presiding Officer; Other Officers

Sec. 2306.030.  PRESIDING OFFICER;  OTHER OFFICERS.  (a)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor. The presiding officer presides at meetings of the board and performs other duties required by this chapter.
(b)  The board shall elect the following officers:
(1)  from the members of the board, an assistant presiding officer to perform the duties of the presiding officer when the presiding officer is not present or is incapable of performing duties of the presiding officer;
(2)  a secretary to be the official custodian of the minutes, books, records, and seal of the board and to perform other duties assigned by the board;  and
(3)  a treasurer to perform duties assigned by the board.
(c)  The offices of secretary and treasurer may be held by one individual, and the holder of each of these offices need not be a board member.  The board may appoint one or more individuals who are not members to be assistant secretaries to perform any duty of the secretary.
(d)  Officers of the board shall be elected at the first meeting of the board on or after January 31 of each odd-numbered year and at any other time as necessary to fill a vacancy.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.04, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.031. Members' Compensation

Sec. 2306.031.  MEMBERS' COMPENSATION.  Members of the board serve without compensation but are entitled to reimbursement for actual expenses incurred in attending board meetings and in performing the duties of a board member.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.032. Board Meetings

Sec. 2306.032.  BOARD MEETINGS.  (a)  The board may hold meetings when called by the presiding officer, the director, or three of the members.
(b)  The board shall keep minutes and complete transcripts of board meetings.  The department shall post the transcripts on its website and shall otherwise maintain all accounts, minutes, and other records related to the meetings.
(c)  All materials provided to the board that are relevant to a matter proposed for discussion at a board meeting must be posted on the department's website not later than the third day before the date of the meeting.
(d)  Any materials made available to the board by the department at a board meeting must be made available in hard copy format to the members of the public in attendance at the meeting.
(e)  The board shall conduct its meetings in accordance with Chapter 551, except as otherwise required by this chapter.
(f)  For each item on the board's agenda at the meeting, the board shall provide for public comment after the presentation made by department staff and the motions made by the board on that topic.
(g)  The board shall adopt rules that give the public a reasonable amount of time for testimony at meetings.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.62, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 980, Sec. 8, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.05, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.0321. Appeal of Board and Department Decisions

Sec. 2306.0321.  APPEAL OF BOARD AND DEPARTMENT DECISIONS.  (a)  The board shall adopt rules outlining a formal process for appealing board and department decisions.
(b)  The rules must specify the requirements for appealing a board or department decision, including:
(1)  the persons eligible to appeal;
(2)  the grounds for an appeal;
(3)  the process for filing an appeal, including the information that must be submitted with an appeal;
(4)  a reasonable period in which an appeal must be filed, heard, and decided;
(5)  the process by which an appeal is heard and a decision is made;
(6)  the possible outcomes of an appeal;  and
(7)  the process by which notification of a decision and the basis for a decision is given.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.06, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.033. Removal of Members

Sec. 2306.033.  REMOVAL OF MEMBERS.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 2306.027;
(2)  does not maintain during service on the board the qualifications required by Section 2306.027;
(3)  is ineligible for membership under Section 2306.027(c), 2306.034, or 2306.035;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board;  or
(6)  engages in misconduct or unethical or criminal behavior.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the director has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 9, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.034. Disqualification of Members and Certain Employees

Sec. 2306.034.  DISQUALIFICATION OF MEMBERS AND CERTAIN EMPLOYEES.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be a department 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.) if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of banking, 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, real estate, housing development, or housing construction.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.035. Lobbyist Restriction

Sec. 2306.035.  LOBBYIST RESTRICTION.  A person may not be a member of the board or act as the director of the department or the general counsel to the board or the department if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the department.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.036. Employment of Director

Sec. 2306.036.  EMPLOYMENT OF DIRECTOR.  (a)  With the approval of the governor, the board shall employ a director to serve at the pleasure of the board.
(b)  After the election of a governor who did not approve the director's employment under Subsection (a), that governor may remove the director and require the board to employ a new director in accordance with Subsection (a).  The governor must act under this subsection before the 90th day after the date the governor takes office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 519, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.037. Director's Compensation

Sec. 2306.037.  DIRECTOR'S COMPENSATION.  The board shall set the salary of the director.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 519, Sec. 2, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.038. Acting Director

Sec. 2306.038.  ACTING DIRECTOR.  The board shall establish a procedure for designating an acting director and shall, with the approval of the governor, immediately designate an acting director or a new permanent director if the position becomes vacant because of absence or disability.  A director designated under this section serves at the pleasure of the board but is subject to removal by a newly elected governor in accordance with Section 2306.036(b).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 519, Sec. 3, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.039. Open Meetings and Open Records

Sec. 2306.039.  OPEN MEETINGS AND OPEN RECORDS.  (a)  Except as provided by Subsections (b) and (c), the department and the Texas State Affordable Housing Corporation are subject to Chapters 551 and 552.
(b)  Chapters 551 and 552 do not apply to the personal or business financial information, including social security numbers, taxpayer identification numbers, or bank account numbers, submitted by a housing sponsor or an individual or family to receive a loan, grant, or other housing assistance under a program administered by the department or the Texas State Affordable Housing Corporation or from bonds issued by the department, except that the department and the corporation are permitted to disclose information about any applicant in a form that does not reveal the identity of the sponsor, individual, or family for purposes of determining eligibility for programs and in preparing reports required under this chapter.
(c)  The department's internal auditor, fraud prevention coordinator, or ethics advisor may meet in an executive session of the board to discuss issues related to fraud, waste, or abuse.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.040. Department Participation in Legislative Hearing

Sec. 2306.040.  DEPARTMENT PARTICIPATION IN LEGISLATIVE HEARING.  On request, the department shall participate in any public hearing conducted by a legislator to discuss a rule to be adopted by the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.041. Imposition of Penalty

Sec. 2306.041.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on a person who violates this chapter or a rule or order adopted under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.042. Amount of Penalty

Sec. 2306.042.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $1,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstance, extent, and gravity of any prohibited act; and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts made to correct the violation; and
(5)  any other matter that justice may require.
(c)  The board by rule or through procedures adopted by the board and published in the Texas Register shall develop a standardized penalty schedule based on the criteria listed in Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.043. Report and Notice of Violation and Penalty

Sec. 2306.043.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the director determines that a violation occurred, the director shall issue to the board a report stating:
(1)  the facts on which the determination is based; and
(2)  the director's recommendation on the imposition of the penalty, including a recommendation on the amount of the penalty.
(b)  Not later than the 14th day after the date the report is issued, the director shall give written notice of the report to the person.
(c)  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty; and
(3)  inform the person of the person's right to a hearing before the State Office of Administrative Hearings on the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.044. Penalty to Be Paid or Hearing Requested

Sec. 2306.044.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice, the person in writing may:
(1)  accept the determination and recommended penalty of the director; or
(2)  make a request for a hearing before the State Office of Administrative Hearings on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the determination and recommended penalty of the director, the board by order shall approve the determination and impose the recommended penalty.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.045. Hearing

Sec. 2306.045.  HEARING.  (a)  If the person requests a hearing before the State Office of Administrative Hearings or fails to respond in a timely manner to the notice, the director shall set a hearing and give written notice of the hearing to the person.
(b)  The State Office of Administrative Hearings shall:
(1)  hold the hearing;
(2)  make findings of fact and conclusions of law about the occurrence of the violation and the amount of a proposed penalty; and
(3)  issue a proposal for decision regarding the penalty and provide notice of the proposal to the board.
(c)  Any administrative proceedings relating to the imposition of a penalty under Section 2306.041 is a contested case under Chapter 2001.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.04, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.046. Decision by Board

Sec. 2306.046.  DECISION BY BOARD.
(a)  The board shall issue an order after receiving a proposal for decision from the State Office of Administrative Hearings under Section 2306.045.
(b)  The notice of the board's order given to the person must include a statement of the right of the person to judicial review of the order.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.05, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.047. Options Following Decision: Pay or Appeal

Sec. 2306.047.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the penalty; or
(2)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.048. Stay of Enforcement of Penalty

Sec. 2306.048.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the 30-day period prescribed by Section 2306.047, a person who files a petition for judicial review may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving the court a supersedeas bond approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until all judicial review of the board's order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  sending a copy of the affidavit to the director by certified mail.
(b)  If the director receives a copy of an affidavit under Subsection (a)(2), the director may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.
(c)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.049. Decision by Court

Sec. 2306.049.  DECISION BY COURT.  (a)  Judicial review of a board order imposing an administrative penalty is under the substantial evidence rule.
(b)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.
(c)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed and may award the person reasonable attorney's fees.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.050. Remittance of Penalty and Interest

Sec. 2306.050.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.0501. Release of Bond

Sec. 2306.0501.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.0502. Collection of Penalty

Sec. 2306.0502.  COLLECTION OF PENALTY.  (a)  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.
(b)  The attorney general may sue to collect the penalty.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.0503. Administrative Procedure

Sec. 2306.0503.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter B. Governing Board and Department › Section 2306.0504. Debarment From Program Participation

Sec. 2306.0504.  DEBARMENT FROM PROGRAM PARTICIPATION.  (a)  The department shall develop, and the board by rule shall adopt, a policy providing for the debarment of a person from participation in programs administered by the department.
(b)  The department may debar a person from participation in a department program on the basis of the person's past failure to comply with any condition imposed by the department in the administration of its programs.
(c)  The department shall debar a person from participation in a department program if the person:
(1)  materially or repeatedly violates any condition imposed by the department in connection with the administration of a department program, including a material or repeated violation of a land use restriction agreement regarding a development supported with a housing tax credit allocation; or
(2)  is debarred from participation in federal housing programs by the United States Department of Housing and Urban Development.
(d)  A person debarred by the department from participation in a department program may appeal the person's debarment to the board.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
Transferred, redesignated and amended from Government Code, Section 2306.6721 by Acts 2013, 83rd Leg., R.S., Ch. 556 (S.B. 659), Sec. 1, eff. September 1, 2013.
Transferred, redesignated and amended from Government Code, Section 2306.6721 by Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.07, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter C. Powers and Duties › Section 2306.051. Separation of Responsibilities

Sec. 2306.051.  SEPARATION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the director and staff of the department.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.07, eff. Sept. 1, 2001.