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 2306 - Texas Department of Housing and Community Affairs › Subchapter F. Housing Finance Division: General Provisions › Section 2306.1114. Notice of Receipt of Application or Proposed Application

Sec. 2306.1114.  NOTICE OF RECEIPT OF APPLICATION OR PROPOSED APPLICATION.  (a)  Not later than the 14th day after the date an application or a proposed application for housing funds described by Section 2306.111 has been filed, the department shall provide written notice of the filing of the application or proposed application to the following persons:
(1)  the United States representative who represents the community containing the development described in the application;
(2)  members of the legislature who represent the community containing the development described in the application;
(3)  the presiding officer of the governing body of the political subdivision containing the development described in the application;
(4)  any member of the governing body of a political subdivision who represents the area containing the development described in the application;
(5)  the superintendent and the presiding officer of the board of trustees of the school district containing the development described in the application;  and
(6)  any neighborhood organizations on record with the state or county in which the development described in the application is to be located and whose boundaries contain the proposed development site.
(b)  The notice provided under Subsection (a) must include the following information:
(1)  the relevant dates affecting the application, including:
(A)  the date on which the application was filed;
(B)  the date or dates on which any hearings on the application will be held;  and
(C)  the date by which a decision on the application will be made;
(2)  a summary of relevant facts associated with the development;
(3)  a summary of any public benefits provided as a result of the development, including rent subsidies and tenant services;  and
(4)  the name and contact information of the employee of the department designated by the director to act as the information officer and liaison with the public regarding the application.
Added by Acts 2003, 78th Leg., ch. 330, Sec. 11, 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 F. Housing Finance Division: General Provisions › Section 2306.1115. Regional Allocation Formula

Sec. 2306.1115.  REGIONAL ALLOCATION FORMULA.  (a)  To allocate housing funds under Section 2306.111(d), the department shall develop a formula that:
(1)  includes as a factor the need for housing assistance and the availability of housing resources in an urban area or rural area;
(2)  provides for allocations that are consistent with applicable federal and state requirements and limitations; and
(3)  includes other factors determined by the department to be relevant to the equitable distribution of housing funds under Section 2306.111(d).
(b)  The department shall use information contained in its annual state low income housing plan and other appropriate data to develop the formula under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 5, 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 F. Housing Finance Division: General Provisions › Section 2306.112. Preparation and Content of Annual Budget

Sec. 2306.112.  PREPARATION AND CONTENT OF ANNUAL BUDGET.  (a)  On or before August 1 of each year, the director shall file with the board a proposed annual budget for the housing finance division for the succeeding fiscal year.
(b)  The budget shall state:
(1)  the general categories of expected expenditures from revenues and income of the housing finance division;
(2)  the amount of expected expenditures for each category;
(3)  expected operating expenses of the housing finance division;  and
(4)  the proposed use of projected year-end unencumbered balances.
(c)  The budget may include a provision or reserve for contingencies or overexpenditures.
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 F. Housing Finance Division: General Provisions › Section 2306.113. Board Consideration of Annual Budget

Sec. 2306.113.  BOARD CONSIDERATION OF ANNUAL BUDGET.  On or before September 1 of each year, the board shall consider the director's proposed annual budget for the housing finance division and shall approve or change the budget as the board determines necessary or advisable.
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 F. Housing Finance Division: General Provisions › Section 2306.114. Filing of Annual Budget

Sec. 2306.114.  FILING OF ANNUAL BUDGET.  (a)  Copies of the annual budget certified by the presiding officer of the board shall be filed promptly with the governor and the legislature.
(b)  The annual budget is not effective until filed.
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 F. Housing Finance Division: General Provisions › Section 2306.115. Failure to Adopt Annual Budget

Sec. 2306.115.  FAILURE TO ADOPT ANNUAL BUDGET.  If the board does not adopt the annual budget on or before September 1, the budget for the preceding year remains in effect until a new budget is adopted.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2306.116.  AMENDED ANNUAL BUDGET.  (a)  The board may adopt an amended annual budget during the fiscal year.
(b)  An amended annual budget does not supersede a prior budget until it is filed with the governor and the legislature.
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 F. Housing Finance Division: General Provisions › Section 2306.117. Payment of Expenses; Indebtedness

Sec. 2306.117.  PAYMENT OF EXPENSES;  INDEBTEDNESS.  (a)  The expenses incurred in carrying out the functions of the housing finance division may be paid only from revenues or funds provided under this chapter.
(b)  This chapter does not authorize the housing finance division to incur debt or liability on behalf of or payable by the state, except as provided by this chapter or other law.
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 F. Housing Finance Division: General Provisions › Section 2306.118. Deposit of Funds With Texas Treasury Safekeeping Trust Company

Sec. 2306.118.  DEPOSIT OF FUNDS WITH TEXAS TREASURY SAFEKEEPING TRUST COMPANY.  Except as provided by Section 2306.120, revenue and funds of the department received by or payable through the programs and functions of the housing finance division, other than funds necessary for the operation of the housing finance division and appropriated funds, shall be deposited outside the treasury with the Texas Treasury Safekeeping Trust Company.
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 F. Housing Finance Division: General Provisions › Section 2306.119. Selection of Depository for Operating Funds

Sec. 2306.119.  SELECTION OF DEPOSITORY FOR OPERATING FUNDS.  (a)  The department shall choose a depository for the operating funds of the housing finance division after inviting bids for favorable interest rates.
(b)  The housing finance division shall publish notice in at least one newspaper of general circulation in this state no later than the 14th day before the last day set for the receipt of the bids.
(c)  Notice published under this section must state the:
(1)  types of deposits planned;
(2)  last day on which bids will be received;  and
(3)  time and place for opening bids.
(d)  Sealed bids must be:
(1)  identified on the envelope as bids;  and
(2)  submitted to the housing finance division before the deadline for receiving bids.
(e)  The housing finance division shall provide a tabulation of all submitted bids for public inspection.
(f)  The department shall choose the depository submitting the bid with the most favorable financial terms to the department, considering the security and efficiency with which the depository is capable of managing the department's funds.
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 F. Housing Finance Division: General Provisions › Section 2306.120. Selection of Depository Under Covenants of Bonds or Trust Indentures

Sec. 2306.120.  SELECTION OF DEPOSITORY UNDER COVENANTS OF BONDS OR TRUST INDENTURES.  (a)  If covenants related to the department's bonds or the trust indentures governing the bonds specify one or more depositories or set out a method of selecting depositories different from the method required by this subchapter, the covenants prevail regarding the funds to which they apply and the funds are not required to be deposited with the Texas Treasury Safekeeping Trust Company.
(b)  Bonds of the housing finance division issued under trust indentures executed or resolutions adopted on or after September 1, 1991, may not include a covenant that interferes with the deposit of funds in the Texas Treasury Safekeeping Trust Company.
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 F. Housing Finance Division: General Provisions › Section 2306.121. Records

Sec. 2306.121.  RECORDS.  The housing finance division shall keep complete records and accounts of its business transactions according to generally accepted accounting principles.
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 F. Housing Finance Division: General Provisions › Section 2306.123. Area Median Income

Sec. 2306.123.  AREA MEDIAN INCOME.  The department may determine the median income of an individual or family for an area by using a source or methodology acceptable under federal law or rule.
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 F. Housing Finance Division: General Provisions › Section 2306.1231. Federal Poverty Line

Sec. 2306.1231.  FEDERAL POVERTY LINE.  The department shall use the applicable federal poverty line in determining eligibility for each federal or state program administered by the department that requires poverty instead of area median income to be used as a criterion of program eligibility.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.76(a), 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 F. Housing Finance Division: General Provisions › Section 2306.124. Rules Regarding Housing Developments

Sec. 2306.124.  RULES REGARDING HOUSING DEVELOPMENTS.  The department may adopt and publish rules regarding the:
(1)  making of mortgage loans under this subchapter;
(2)  regulation of borrowers;
(3)  construction of ancillary commercial facilities;  and
(4)  resale and disposition of real property, or an interest in the property, that is financed 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 F. Housing Finance Division: General Provisions › Section 2306.125. Court Actions

Sec. 2306.125.  COURT ACTIONS.  (a)  The department may institute a judicial action or proceeding against a housing sponsor receiving a loan or owning a housing development under this chapter to:
(1)  enforce this chapter;
(2)  enforce the terms and provisions of an agreement or contract between the department and the recipient of a loan under this chapter, including provisions regarding rental or carrying charges and income limits as applied to tenants or occupants;
(3)  foreclose its mortgage;  or
(4)  protect:
(A)  the public interest;
(B)  individuals and families of low and very low income or families of moderate income;
(C)  stockholders;  or
(D)  creditors of the sponsor.
(b)  In an action or proceeding under this section, the department may apply for the appointment of a trustee or receiver to assume the management and operation of the affairs of a housing sponsor.
(c)  The department, through its designated agent, may accept appointment as trustee or receiver of a housing sponsor when appointed by a court of competent jurisdiction.
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 F. Housing Finance Division: General Provisions › Section 2306.126. Exemption From Property Tax

Sec. 2306.126.  EXEMPTION FROM PROPERTY TAX.  (a)  The department may, under its terms, conditions, and rules, pay public agencies in lieu of ad valorem taxes on property that the department acquires through foreclosure or sale under a deed of trust.
(b)  The department shall make payments under this section instead of paying taxes whenever practicable with money lawfully available for this purpose, subject to the provisions of any bond resolution.
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 F. Housing Finance Division: General Provisions › Section 2306.127. Priority for Certain Communities

Sec. 2306.127.  PRIORITY FOR CERTAIN COMMUNITIES.  In a manner consistent with the regional allocation formula described under Section 2306.111(d), the department shall give priority through its housing program scoring criteria to communities that are located wholly or partly in:
(1)  a federally designated urban enterprise community;
(2)  an urban enhanced enterprise community;  or
(3)  an economically distressed area or colonia.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.19, 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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.141. Rules

Sec. 2306.141.  RULES.  The board shall have the specific duty and power to adopt rules governing the administration of the housing finance division and its programs.
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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.143. Alternative to Subprime Lender List

Sec. 2306.143.  ALTERNATIVE TO SUBPRIME LENDER LIST.  (a)  If the United States Department of Housing and Urban Development ceases to prepare or make public a subprime lender list, the market study required by Section 2306.142 must annually survey the 100 largest refinancing lenders and the 100 largest home purchase loan lenders in the state to identify lenders primarily engaged in subprime lending.
(b)  The lenders included in the survey must be identified on the basis of home mortgage loan data reported by lenders under the Home Mortgage Disclosure Act of 1975 (12 U.S.C. Section 2801 et seq.) and the Community Reinvestment Act of 1977 (12 U.S.C. Section 2901 et seq.).
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 2.03, 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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.144. Fees for Services and Facilities; Payment of Department Obligations and Expenses

Sec. 2306.144.  FEES FOR SERVICES AND FACILITIES;  PAYMENT OF DEPARTMENT OBLIGATIONS AND EXPENSES.  (a)  It is the duty of the board to establish and collect sufficient fees for services and facilities.
(b)  The board shall use available sources of revenue, income, and receipts to:
(1)  pay all expenses of the department's operation and maintenance;
(2)  pay the principal and interest on department bonds;  and
(3)  create and maintain the reserves or funds provided by each resolution authorizing the issuance of department bonds.
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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.145. Loan Procedures

Sec. 2306.145.  LOAN PROCEDURES.  The board shall have the specific duty and power to adopt procedures for approving loans, purchases of loans and interests in loans, and commitments to purchase loans under this chapter.
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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.146. Interest Rates and Amortization Schedules

Sec. 2306.146.  INTEREST RATES AND AMORTIZATION SCHEDULES.  The board shall have the specific duty and power to establish interest rates and amortization schedules for loans made or financed under this chapter.
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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.147. Fees and Penalties

Sec. 2306.147.  FEES AND PENALTIES.  (a)  The board shall have the specific duty and power to establish a schedule of fees and penalties relating to the operation of the housing finance division and authorized by this chapter, including application, processing, loan commitment, origination, servicing, and administrative fees.
(b)  The department shall waive grant application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 25, 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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.148. Underwriting Standards

Sec. 2306.148.  UNDERWRITING STANDARDS.  (a)  The board shall have the specific duty and power to adopt underwriting standards for:
(1)  loans made or financed by the housing finance division; and
(2)  housing tax credits allocated by the department.
(b)  Underwriting standards adopted under Subsection (a)(2) and used to determine the feasibility of a proposed development must be consistent with criteria established under Section 2306.185.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 643 (S.B. 1989), Sec. 1, eff. September 1, 2015.
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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.149. Approved Mortgage Lenders

Sec. 2306.149.  APPROVED MORTGAGE LENDERS.  The board shall have the specific duty and power to compile a list of approved mortgage lenders.
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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.150. Property Standards

Sec. 2306.150.  PROPERTY STANDARDS.  The board shall have the specific duty and power to adopt minimum property standards for housing developments financed or acquired under this chapter.
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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.151. Target Strategy for Bond Proceeds

Sec. 2306.151.  TARGET STRATEGY FOR BOND PROCEEDS.  The board shall have the specific duty and power to adopt a target strategy for the percentage of mortgage revenue bond proceeds to be made available to individuals and families of low and very low income.
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 G. Housing Finance Division: General Powers and Duties of Board › Section 2306.152. Eligibility Criteria

Sec. 2306.152.  ELIGIBILITY CRITERIA.  The board shall have the specific duty and power to establish eligibility criteria for participation in the housing finance division's programs for individuals and families of low and very low income and families of moderate income.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.171. General Duties of Department Relating to Purposes of Housing Finance Division

Sec. 2306.171.  GENERAL DUTIES OF DEPARTMENT RELATING TO PURPOSES OF HOUSING FINANCE DIVISION.  The department shall:
(1)  develop policies and programs designed to increase the number of individuals and families of extremely low, very low, and low income and families of moderate income that participate in the housing finance division's programs;
(2)  work with municipalities, counties, public agencies, housing sponsors, and nonprofit and for profit corporations to provide:
(A)  information on division programs;  and
(B)  technical assistance to municipalities, counties, and nonprofit corporations;
(3)  encourage private for profit and nonprofit corporations and state organizations to match the division's funds to assist in providing affordable housing to individuals and families of low and very low income and families of moderate income;
(4)  provide matching funds to municipalities, counties, public agencies, housing sponsors, and nonprofit developers who qualify under the division's programs;  and
(5)  administer the state's allocation of federal funds provided under the rental rehabilitation grant program authorized by Section 17, Title I, of the United States Housing Act of 1937 (42 U.S.C. Section 1437o).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 26, 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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.1711. Rulemaking Procedures for Certain Programs

Sec. 2306.1711.  RULEMAKING PROCEDURES FOR CERTAIN PROGRAMS.  (a)  The department shall adopt rules outlining formal rulemaking procedures for the low income housing tax credit program and the multifamily housing mortgage revenue bond program in accordance with Chapter 2001.
(b)  The rules adopted under Subsection (a) must include:
(1)  procedures for allowing interested parties to petition the department to request the adoption of a new rule or the amendment of an existing rule;
(2)  notice requirements and deadlines for taking certain actions;  and
(3)  a provision for a public hearing.
(c)  The department shall provide for public input before adopting rules for programs with requests for proposals and notices of funding availability.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.20, 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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.172. Acquisition and Use of Money; Depositories

Sec. 2306.172.  ACQUISITION AND USE OF MONEY;  DEPOSITORIES.  The department may:
(1)  acquire, hold, invest, deposit, use, and spend its income and money from every source;  and
(2)  select its depository or depositories, subject only to the provisions of:
(A)  this chapter;  and
(B)  a covenant relating to the department's bonds issued by the housing finance division.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.173. Investments

Sec. 2306.173.  INVESTMENTS.  Subject to a resolution authorizing issuance of its bonds, the department may:
(1)  invest its money in bonds, obligations, or other securities;  or
(2)  place its money in demand or time deposits, whether or not evidenced by certificates of deposit.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.174. Acquisition and Disposition of Property

Sec. 2306.174.  ACQUISITION AND DISPOSITION OF PROPERTY.  The department may:
(1)  acquire, own, rent, lease, accept, hold, or dispose of any real, personal, or mixed property, or any interest in property, including a right or easement, in performing its duties and exercising its powers under this chapter, by purchase, exchange, gift, assignment, transfer, foreclosure, sale, lease, or otherwise;
(2)  hold, manage, operate, or improve real, personal, or mixed property, except that:
(A)  the department is restricted in acquiring property under Section 2306.251 unless it is required to foreclose on a delinquent loan and elects to acquire the property at foreclosure;
(B)  the department shall make a diligent effort to sell a housing development acquired through foreclosure to a purchaser who will be required to pay ad valorem taxes on the housing development or, if such a purchaser cannot be found, to another purchaser;  and
(C)  the department shall sell a housing development acquired through foreclosure not later than the third anniversary of the date of acquisition unless the board adopts a resolution stating that a purchaser cannot be found after diligent search by the housing finance division, in which case the department shall continue to try to find a purchaser and shall sell the housing development when a purchaser is found;  and
(3)  lease or rent land or a dwelling, house, accommodation, building, structure, or facility from a private party to carry out the housing finance division's 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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.175. Transfer and Disposition of Property; Manner of Sale

Sec. 2306.175.  TRANSFER AND DISPOSITION OF PROPERTY;  MANNER OF SALE.  (a)  The department may:
(1)  sell, assign, lease, encumber, mortgage, or otherwise dispose of real, personal, or mixed property, or an interest in property, or a deed of trust or mortgage lien interest owned by it or in its control, custody, or possession;  and
(2)  release or relinquish a right, title, claim, lien, interest, easement, or demand acquired in any manner, including an equity or right of redemption in property foreclosed by it.
(b)  Notwithstanding any other law, the department may, under this section, conduct a public or private sale, with or without public bidding.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.176. Fees

Sec. 2306.176.  FEES.  The department may set, charge, and collect fees relating to loans made or other services provided by the department under this chapter.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.177. Hearings

Sec. 2306.177.  HEARINGS.  The department may:
(1)  conduct hearings;  and
(2)  take testimony and proof, under oath, at public hearings, on matters necessary to carry out the department's purposes.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 27, 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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.178. Insurance

Sec. 2306.178.  INSURANCE.  The department may acquire, and pay premiums on, insurance of any kind in amounts and from insurers that the board considers necessary or advisable.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.179. Investigation

Sec. 2306.179.  INVESTIGATION.  The department may:
(1)  investigate housing conditions and means for improving those conditions;  and
(2)  determine the location of slum or blighted areas.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.180. Encouraging Home Ownership

Sec. 2306.180.  ENCOURAGING HOME OWNERSHIP.  The department may encourage individual or cooperative home ownership among individuals and families of low and very low income and families of moderate income.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.181. Targeting Bond Proceeds

Sec. 2306.181.  TARGETING BOND PROCEEDS.  The department may target the proceeds from housing bonds issued by it to a geographic area or areas of the state.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.182. Loans to Lenders

Sec. 2306.182.  LOANS TO LENDERS.  The department may make loans to mortgage lenders, public agencies, or other housing sponsors and use the proceeds to make loans for multifamily housing developments that will be substantially occupied by individuals and families of low and very low income or families of moderate income.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.183. Needs of Qualifying Individuals and Families in Rural Areas and Small Municipalities

Sec. 2306.183.  NEEDS OF QUALIFYING INDIVIDUALS AND FAMILIES IN RURAL AREAS AND SMALL MUNICIPALITIES.  The department may adopt a target strategy to ensure that the credit and housing needs of qualifying individuals and families who reside in rural areas and small municipalities are equitably served by the housing finance division.
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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.184. Disclosure of Fees

Sec. 2306.184.  DISCLOSURE OF FEES.  (a)  This section does not apply to an application submitted by an individual or family for a loan, grant, or other assistance under a program administered by the department or the Texas State Affordable Housing Corporation or from bonds issued by the department.
(b)  An application for a loan, grant, or other assistance for an eligible affordable housing project or activity under a program administered by the department or the Texas State Affordable Housing Corporation or from bonds issued by the department must include:
(1)  the name of each person expected to charge the applicant a project development fee or project operation fee;
(2)  the nature and amount of each project development fee and project operation fee the applicant is expected to pay;  and
(3)  any interlocking interests of persons listed under Subdivision (1).
(c)  On completion of the project, the applicant shall cost certify the project and include the following:
(1)  the name of each person to whom the recipient paid a project development fee or project operation fee during the term of the project;
(2)  the nature and amount of each project development fee and project operation fee paid by the recipient during the term of the project;  and
(3)  any interlocking interests of persons listed under Subdivision (1).
(d)  The department shall adopt rules governing penalties and sanctions under this section for a person who:
(1)  does not provide the information required by this section;  or
(2)  knowingly discloses false information.
(e)  In this section:
(1)  "Project development fee" means a fee charged in connection with the planning, design, or development of an affordable housing project, including an application fee, tax credit consulting fee, development consulting fee, mortgage brokerage fee, and financial advising fee.
(2)  "Project operation fee" means a fee charged in connection with the operation, construction, management, or administration of an affordable housing project, including a management fee, asset management fee, incentive management fee, general partner fee, construction supervision fee, and construction management fee.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 28, 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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.187. Energy Efficiency Standards for Certain Single and Multifamily Dwellings

Sec. 2306.187.  ENERGY EFFICIENCY STANDARDS FOR CERTAIN SINGLE AND MULTIFAMILY DWELLINGS.  (a)  A newly constructed single or multifamily dwelling that is constructed with assistance awarded by the department, including state or federal money, housing tax credits, or multifamily bond financing, must include energy conservation and efficiency measures specified by the department.  The department by rule shall establish a minimum level of energy efficiency measures that must be included in a newly constructed single or multifamily dwelling as a condition of eligibility to receive assistance awarded by the department for housing construction.  The measures adopted by the department may include:
(1)  the installation of Energy Star-labeled ceiling fans in living areas and bedrooms;
(2)  the installation of Energy Star-labeled appliances;
(3)  the installation of Energy Star-labeled lighting in all interior units;
(4)  the installation of Energy Star-labeled ventilation equipment, including power-vented fans, range hoods, and bathroom fans;
(5)  the use of energy efficient alternative construction material, including structural insulated panel construction;
(6)  the installation of central air conditioning or heat pump equipment with a better Seasonal Energy Efficiency Rating (SEER) than that required by the energy code adopted under Section 388.003, Health and Safety Code; and
(7)  the installation of the air ducting system inside the conditioned space.
(b)  A single or multifamily dwelling must include energy conservation and efficiency measures specified by the department if:
(1)  the dwelling is rehabilitated with assistance awarded by the department, including state or federal money, housing tax credits, or multifamily bond financing; and
(2)  any portion of the rehabilitation includes alterations that will replace items that are identified as required efficiency measures by the department.
(c)  The energy conservation and efficiency measures the department requires under Subsection (b) may not be more stringent than the measures the department requires under Subsection (a).
(d)  The department shall review the measures required to meet the energy efficiency standards at least annually to determine if additional measures are desirable and to ensure that the most recent energy efficiency technology is considered.
(e)  Subsections (a) and (b) do not apply to a single or multifamily dwelling that receives weatherization assistance money from the department or money provided under the first-time homebuyer program.
Added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), 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 H. Housing Finance Division: General Powers and Duties of Department › Section 2306.188. Establishing Home Ownership in Disaster Area

Sec. 2306.188.  ESTABLISHING HOME OWNERSHIP IN DISASTER AREA.  (a)  An applicant for federally provided financial assistance administered by the department to repair or rebuild a home damaged by a natural disaster may establish ownership of the home through nontraditional documentation of title.  The department shall process an application for that assistance as if the applicant is the record title holder of the affected real property if the applicant provides to the department:
(1)  on a form prescribed by the department, an affidavit summarizing the basis on which the applicant claims to be the holder of record title or, if applicable, a successor in interest to the holder of record title and stating that:
(A)  there is no other person entitled to claim any ownership interest in the property; or
(B)  each person who may be entitled to claim an ownership interest in the property has given consent to the application or cannot be located after a reasonable effort; and
(2)  other documentation, including tax receipts, utility bills, or evidence of insurance for the home, that indicates that the applicant exercised ownership over the property at the time of the natural disaster.
(b)  This section does not establish record ownership or otherwise alter legal ownership of real property.
(c)  The department is not liable to any claimed owner of an interest in real property for administering financial assistance as permitted by this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1135 (H.B. 2450), Sec. 1, eff. September 1, 2009.
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 I. Housing Finance Division: Funds › Section 2306.201. Housing Trust Fund

Sec. 2306.201.  HOUSING TRUST FUND.  (a)  The housing trust fund is a fund:
(1)  administered by the department through the housing finance division;  and
(2)  placed with the Texas Treasury Safekeeping Trust Company.
(b)  The fund consists of:
(1)  appropriations or transfers made to the fund;
(2)  unencumbered fund balances;
(3)  public or private gifts, grants, or donations;
(4)  investment income, including all interest, dividends, capital gains, or other income from the investment of any portion of the fund;
(5)  repayments received on loans made from the fund; and
(6)  funds from any other source.
(c)  The department may accept gifts, grants, or donations for the housing trust fund.  All funds received for the housing trust fund under Subsection (b) shall be deposited or transferred into the Texas Treasury Safekeeping Trust Company.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 29, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 223, Sec. 1, eff. May 24, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1365 (S.B. 679), Sec. 1, eff. June 19, 2009.