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 I. Housing Finance Division: Funds › Section 2306.202. Use of Housing Trust Fund

Sec. 2306.202.  USE OF HOUSING TRUST FUND.  (a)  The department, through the housing finance division, shall use the housing trust fund to provide loans, grants, or other comparable forms of assistance to local units of government, public housing authorities, nonprofit organizations, and income-eligible individuals, families, and households to finance, acquire, rehabilitate, and develop decent, safe, and sanitary housing.  In each biennium the first $2.6 million available through the housing trust fund for loans, grants, or other comparable forms of assistance shall be set aside and made available exclusively for local units of government, public housing authorities, and nonprofit organizations.  Any additional funds may also be made available to for-profit organizations provided that at least 45 percent of available funds, as determined on September 1 of each state fiscal year, in excess of the first $2.6 million shall be made available to nonprofit organizations for the purpose of acquiring, rehabilitating, and developing decent, safe, and sanitary housing.  The remaining portion shall be distributed to nonprofit organizations, for-profit organizations, and other eligible entities.  Notwithstanding any other section of this chapter, but subject to the limitations in Section 2306.251(c), the department may also use the fund to acquire property to endow the fund.
(b)  Use of the fund is limited to providing:
(1)  assistance for individuals and families of low and very low income;
(2)  technical assistance and capacity building to nonprofit organizations engaged in developing housing for individuals and families of low and very low income;  and
(3)  security for repayment of revenue bonds issued to finance housing for individuals and families of low and very low income.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 30, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1365 (S.B. 679), Sec. 2, eff. June 19, 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 2306.203. Rules Regarding Administration of Housing Trust Fund

Sec. 2306.203.  RULES REGARDING ADMINISTRATION OF HOUSING TRUST FUND.  The board shall adopt rules to administer the housing trust fund, including rules providing:
(1)  that the division give priority to programs that maximize federal resources;
(2)  for a process to set priorities for use of the fund, including the distribution of fund resources in accordance with a plan that is developed and approved by the board and included in the department's annual report regarding the housing trust fund as described in the General Appropriations Act;
(3)  that the criteria used to evaluate a proposed activity will include the:
(A)  leveraging of resources;
(B)  cost-effectiveness of the proposed activity; and
(C)  extent to which individuals and families of very low income are served by the proposed activity;
(4)  that funds may not be made available for a proposed activity that permanently and involuntarily displaces individuals and families of low income;
(5)  that the board attempt to allocate funds to achieve a broad geographical distribution with:
(A)  special emphasis on equitably serving rural and nonmetropolitan areas; and
(B)  consideration of the number and percentage of income-qualified families in different geographical areas; and
(6)  that multifamily housing developed or rehabilitated through the fund remain affordable to income-qualified households for at least 20 years.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1365 (S.B. 679), Sec. 3, eff. June 19, 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 2306.204. Independent Audit of Housing Trust Fund

Sec. 2306.204.  INDEPENDENT AUDIT OF HOUSING TRUST FUND.  (a)  An independent auditor shall annually conduct an audit of the housing trust fund to determine the amount of unencumbered fund balances that is greater than the amount required for the reserve fund.
(b)  The independent auditor shall submit the audit report to the board not later than December 31 of each year.
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 I. Housing Finance Division: Funds › Section 2306.206. Housing Trust Fund Not Subject to Texas Trust Code

Sec. 2306.206.  HOUSING TRUST FUND NOT SUBJECT TO TEXAS TRUST CODE.  The housing trust fund provided for by this subchapter is not subject to Subtitle B, Title 9, Property Code.
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 I. Housing Finance Division: Funds › Section 2306.207. Reserve Fund

Sec. 2306.207.  RESERVE FUND.  (a)  The department may create a reserve fund with the comptroller out of:
(1)  proceeds from the sale of the department's bonds;  or
(2)  other resources.
(b)  The reserve fund is additional security for the division's bonds.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 32, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 8.75, 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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.221. Housing Development Loans

Sec. 2306.221.  HOUSING DEVELOPMENT LOANS.  To finance the purchase, construction, remodeling, improvement, or rehabilitation of housing developments for residential housing designed and planned for individuals and families of low and very low income and families of moderate income, the department, on the terms and conditions stated in this chapter, may:
(1)  make, commit to make, and participate in the making of mortgage loans, including federally insured loans to housing sponsors;  and
(2)  make temporary loans and advances in anticipation of permanent mortgage loans.
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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.222. Contracts and Agreements Regarding Housing Developments

Sec. 2306.222.  CONTRACTS AND AGREEMENTS REGARDING HOUSING DEVELOPMENTS.  The department may enter into agreements and contracts with housing sponsors and mortgage lenders under this chapter to make or participate in mortgage loans for residential housing 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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.223. Criteria for Financing Housing Development of Housing Sponsor

Sec. 2306.223.  CRITERIA FOR FINANCING HOUSING DEVELOPMENT OF HOUSING SPONSOR.  Notwithstanding any other provision of this chapter, the department may not finance a housing development undertaken by a housing sponsor under this chapter, unless the department first determines that:
(1)  the housing development is necessary to provide needed decent, safe, and sanitary housing at rentals or prices that individuals or families of low and very low income or families of moderate income can afford;
(2)  the housing sponsor undertaking the proposed housing development will supply well-planned and well-designed housing for individuals or families of low and very low income or families of moderate income;
(3)  the housing sponsor is financially responsible;
(4)  the housing sponsor is not, or will not enter into a contract for the proposed housing development with, a housing developer that:
(A)  is on the department's debarred list, including any parts of that list that are derived from the debarred list of the United States Department of Housing and Urban Development;
(B)  breached a contract with a public agency;  or
(C)  misrepresented to a subcontractor the extent to which the developer has benefited from contracts or financial assistance that has been awarded by a public agency, including the scope of the developer's participation in contracts with the agency and the amount of financial assistance awarded to the developer by the agency;
(5)  the financing of the housing development is a public purpose and will provide a public benefit;  and
(6)  the housing development will be undertaken within the authority granted by this chapter to the housing finance division and the housing sponsor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 7.01, 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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.224. Loan Terms and Conditions

Sec. 2306.224.  LOAN TERMS AND CONDITIONS.  A loan financed through a program of the housing finance division under this subchapter is subject to the terms and conditions provided by this subchapter.
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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.225. Ratio of Loan to Development Cost; Amortization Period

Sec. 2306.225.  RATIO OF LOAN TO DEVELOPMENT COST;  AMORTIZATION PERIOD.  (a)  Except as provided by Subsection (b), the ratio of loan to total housing development cost and the amortization period of a loan insured or guaranteed by the federal government is governed by the federal government mortgage insurance commitment or federal guarantee for each housing development.
(b)  The amortization period for a loan may not exceed 40 years.
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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.226. Interest Rates

Sec. 2306.226.  INTEREST RATES.  (a)  The board shall set the interest rates at which the housing finance division makes loans and loan commitments.
(b)  The interest rates shall be set to produce, when combined with other available funds, at least the amounts required to pay for the housing finance division's costs of operation and to meet its covenants with and responsibilities to the holders of its 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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.227. Prepayment of Mortgage Loans

Sec. 2306.227.  PREPAYMENT OF MORTGAGE LOANS.  A mortgage loan made under this chapter may be prepaid to maturity after the period of years and under the terms and conditions determined by the board.
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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.228. Loan Fees

Sec. 2306.228.  LOAN FEES.  The department shall make and collect loan fees that the department determines are reasonable, including:
(1)  fees to reimburse the housing finance division's financing costs;
(2)  service charges;
(3)  insurance premiums;
(4)  mortgage insurance premiums;  and
(5)  fees for administrative costs.
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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.229. Documents Supporting Mortgage Loans

Sec. 2306.229.  DOCUMENTS SUPPORTING MORTGAGE LOANS.  (a)  A mortgage loan shall be evidenced by a mortgage or deed of trust note or bond and by a mortgage that creates a lien on the housing development and on all real property that constitutes the site of or that relates to the housing development.
(b)  A note or bond and a mortgage or deed of trust:
(1)  must contain provisions satisfactory to the department;
(2)  must be in a form satisfactory to the department;  and
(3)  may contain exculpatory provisions relieving the borrower or its principal from personal liability if the department agrees.
(c)  For each loan made for the development of multifamily housing with funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.), the department shall obtain a mortgagee's title policy in the amount of the loan.  The department may not designate a specific title insurance company to provide the mortgagee title policy or require the borrower to provide the policy from a specific title insurance company.  The borrower shall select the title insurance company to close the loan and to provide the mortgagee title policy.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 24, 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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.230. Agreements Regarding Certain Limitations on Housing Sponsors

Sec. 2306.230.  AGREEMENTS REGARDING CERTAIN LIMITATIONS ON HOUSING SPONSORS.  A mortgage loan is subject to an agreement between the department and the housing sponsor that subjects the sponsor and its principals or stockholders to limitations established by the department regarding:
(1)  rentals and other charges;
(2)  builders' and developers' profits and fees;
(3)  the disposition of its property;  and
(4)  the real property that constitutes the site of or relates to the housing development.
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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.231. Loan Conditions Relating to Department Powers

Sec. 2306.231.  LOAN CONDITIONS RELATING TO DEPARTMENT POWERS.  As a condition of each loan, the department, acting through the housing finance division, may at any time during the construction, rehabilitation, or operation of a housing development:
(1)  enter and inspect the housing development to:
(A)  investigate the development's:
(i)  physical and financial condition;
(ii)  construction;
(iii)  rehabilitation;
(iv)  operation;
(v)  management;  and
(vi)  maintenance;  and
(B)  examine all books and records relating to:
(i)  capitalization;
(ii)  income;  and
(iii)  other matters regarding capitalization or income;
(2)  impose charges that are required to cover the cost of inspections and examinations under Subdivision (1);
(3)  order alterations, changes, or repairs necessary to protect:
(A)  the security of the department's investment in a housing development;  or
(B)  the health, safety, and welfare of the occupants of a housing development;
(4)  order a managing agent, housing development manager, or housing development owner to do whatever is necessary to comply with or refrain from violating an applicable law, ordinance, department rule, or term of an agreement regarding the housing development;  and
(5)  file and prosecute a complaint against a managing agent, housing development manager, or housing development owner for a violation of any applicable law or ordinance.
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 J. Housing Finance Division: Loan Terms and Conditions › Section 2306.232. Texas Housing Agency Loan or Guarantee

Sec. 2306.232.  TEXAS HOUSING AGENCY LOAN OR GUARANTEE.  A loan or guarantee made by the Texas Housing Agency becomes a loan or guarantee of the department.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 33, 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 K. Housing Programs › Section 2306.251. Property Ownership Program

Sec. 2306.251.  PROPERTY OWNERSHIP PROGRAM.  (a)  While it is not the intent of the legislature that the department compete with the private sector by becoming a long-term owner of real property merely for the purpose of owning, managing, and operating tenant properties, the department may acquire, own, reconstruct, rehabilitate, manage, or operate real property:
(1)  on an interim basis for sale or rental to:
(A)  individuals and families of low and very low income and families of moderate income;  and
(B)  nonprofit housing organizations and other housing organizations to serve the needs of individuals and families of low and very low income and families of moderate income;
(2)  for a period of time not to exceed 10 years for the purposes of:
(A)  preserving publicly financed or subsidized housing;  or
(B)  participating in a risk-sharing program entered into with the United States Department of Housing and Urban Development, any other insurer or guarantor of any United States Department of Housing and Urban Development-related indebtedness, a government sponsored enterprise, a housing finance agency or corporation, or a public housing authority.
(b)  The department may use money from the housing trust fund, unencumbered fund balances, fees received by the housing finance division, proceeds from the sale or rental of real property, distribution of earnings under Section 2306.557, or appropriations, allocations, grants, or gifts from any public or private source to purchase property under this section.
(c)  If the department uses the housing trust fund to finance real property acquisitions, it may not use more than 10 percent of the yearly balance of the fund to acquire the real property.
(d)  If the department acquires property under this section, the department shall submit an annual report to the board that includes an analysis of the property ownership program's:
(1)  financial stability;
(2)  cost-effectiveness;  and
(3)  effectiveness in serving 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.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.77(b), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 980, Sec. 34, 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 K. Housing Programs › Section 2306.253. Homebuyer Education Program

Sec. 2306.253.  HOMEBUYER EDUCATION PROGRAM.  (a)  The department shall develop and implement a statewide homebuyer education program designed to provide information and counseling to prospective homebuyers about the home buying process.
(b)  The department shall develop the program in cooperation with the Texas Agricultural Extension Service, the Texas Department of Human Services, the Real Estate Research Center at Texas A&M University, the Texas Workforce Commission, experienced homebuyer education providers, community-based organizations, and advocates of affordable housing.  The department shall implement the program through self-help centers when feasible.
(c)  The department shall make full use of existing training and informational materials available from sources such as the United States Department of Housing and Urban Development, the cooperative extension system, the Neighborhood Reinvestment Corporation, and existing homebuyer education providers.
(d)  In order to implement this section, the department may use money available to the department for housing purposes that the department is not prohibited from spending on the homebuyer education program, including:
(1)  the amount of administrative or service fees the department receives from the issuance or refunding of bonds that exceeds the amount the department needs to pay its overhead costs in administering its bond programs;  and
(2)  money the department receives from other entities by gift or grant under a contract.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 36, 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 K. Housing Programs › Section 2306.255. Contract for Deed Conversion Program

Sec. 2306.255.  CONTRACT FOR DEED CONVERSION PROGRAM.  (a)  In this section, "office" means the office established by the department to promote initiatives for colonias.
(b)  The office shall establish a program to guarantee loans made by private lenders to convert a contract for deed into a warranty deed.  To the extent possible, the office shall encourage conversion of a contract for deed under the program into a general warranty deed.
(c)  The office shall make agreements with private lenders that will issue loans for contract conversions under the guarantee of the department.  The office and the lender must agree on the criteria for issuing a deed conversion loan, including the percentage of the guarantee to be issued by the department.
(d)  The office may not make an agreement with a lender unless the agreement allows the office to annually renegotiate the guarantee percentage for a loan issued by the lender.  The office shall renegotiate the terms of a guarantee when possible to obtain a better guarantee percentage for the state from the lender.
(e)  The office may establish eligibility criteria for a holder of a contract for deed who participates in this program.  The criteria must include a priority for homeowners and owners of residential real property who are individuals or families of low, very low, or extremely low income.
(f)  The office shall use funds allocated to the department under the federal HOME Investment Partnerships program established under Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.) for a guarantee issued under this section.
(g)  The office may use the services of the Texas State Affordable Housing Corporation when necessary to accomplish the purposes of this section.
(h)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1079, Sec. 5.01(1), eff. September 1, 2013.
(i)  The department may adopt rules necessary to accomplish the purposes of this section.
Added by Acts 1999, 76th Leg., ch. 1238, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.22, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 5.01(1), 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 K. Housing Programs › Section 2306.256. Affordable Housing Preservation Program

Sec. 2306.256.  AFFORDABLE HOUSING PRESERVATION PROGRAM.  (a)  The department shall develop and implement a program to preserve affordable housing in this state.
(b)  Through the program, the department shall:
(1)  maintain data on housing projected to lose its affordable status;
(2)  develop policies necessary to ensure the preservation of affordable housing in this state;
(3)  advise other program areas with respect to the policies;  and
(4)  assist those other program areas in implementing the policies.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.23, 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 K. Housing Programs › Section 2306.2561. Affordable Housing Preservation Program: Loans and Grants

Sec. 2306.2561.  AFFORDABLE HOUSING PRESERVATION PROGRAM:  LOANS AND GRANTS.  (a)  The department, through the housing finance division, shall provide loans and grants to political subdivisions, housing finance corporations, public housing authorities, for-profit organizations, nonprofit organizations, and income-eligible individuals, families, and households for purposes of rehabilitating housing to preserve affordability of the housing.
(b)  The department may use any available revenue, including legislative appropriations, to provide loans and grants under this section.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 3.03, 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 K. Housing Programs › Section 2306.257. Applicant Compliance With State and Federal Laws Prohibiting Discrimination: Certification and Monitoring

Sec. 2306.257.  APPLICANT COMPLIANCE WITH STATE AND FEDERAL LAWS PROHIBITING DISCRIMINATION:  CERTIFICATION AND MONITORING.  (a)  The department may provide assistance through a housing program under this chapter only to an applicant who certifies the applicant's compliance with:
(1)  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.);
(2)  the Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.);
(3)  the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.);  and
(4)  the Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.).
(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1341, Sec. 42, eff. September 1, 2007.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1341, Sec. 42, eff. September 1, 2007.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1341, Sec. 42, eff. September 1, 2007.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.23, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 42, 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 K. Housing Programs › Section 2306.258. Transitional Housing Pilot Program

Sec. 2306.258.  TRANSITIONAL HOUSING PILOT PROGRAM.  (a)  If funds are available, the department shall operate a transitional housing pilot program in four areas of the state.
(b)  The program must address the needs of the homeless for:
(1)  interim housing;
(2)  physical and mental health services;
(3)  literacy training;
(4)  job training;
(5)  family counseling;
(6)  credit counseling;
(7)  education services;  and
(8)  other services that will prevent homelessness.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.80(a), eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 2307.006 and amended by Acts 2001, 77th Leg., ch. 432, Sec. 2, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 2306.256 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(87), 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 K. Housing Programs › Section 2306.2585. Homeless Housing and Services Program

Sec. 2306.2585.  HOMELESS HOUSING AND SERVICES PROGRAM.  (a)  The department may administer a homeless housing and services program in each municipality in this state with a population of 285,500 or more to:
(1)  provide for the construction, development, or procurement of housing for homeless persons; and
(2)  provide local programs to prevent and eliminate homelessness.
(b)  The department may adopt rules to govern the administration of the program, including rules that:
(1)  provide for the allocation of any available funding; and
(2)  provide detailed guidelines as to the scope of the local programs in the municipalities described by Subsection (a).
(c)  The department may use any available revenue, including legislative appropriations, appropriation transfers from the trusteed programs within the office of the governor, including authorized appropriations from the Texas Enterprise Fund, available federal funds, and any other statutorily authorized and appropriate funding sources transferred from the trusteed programs within the office of the governor, for the purposes of this section.  The department shall solicit and accept gifts and grants for the purposes of this section.  The department shall use gifts and grants received for the purposes of this section before using any other revenue.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 43.03, eff. September 28, 2011.
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 K. Housing Programs › Section 2306.259. Affordable Housing Research and Information Program

Sec. 2306.259.  AFFORDABLE HOUSING RESEARCH AND INFORMATION PROGRAM.  With money available under Section 1372.006(a), the department shall establish an affordable housing research and information program in which the department shall contract for:
(1)  periodic market studies to determine the need for housing for families of extremely low, very low, and low income in census tracts throughout the state;
(2)  research from qualified professionals to determine the effect of affordable housing developments on property values, social conditions, and quality of life in surrounding neighborhoods;
(3)  independent research in affordable housing design and development approaches that enhance community acceptance of affordable housing and improve the quality of life for the residents of the housing;  and
(4)  public education and outreach efforts to assist the public in understanding the nature and purpose of affordable housing and the process for public participation in the administration of affordable housing programs.
Added by Acts 2003, 78th Leg., ch. 1329, Sec. 17, 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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.261. Supervising Housing Sponsors

Sec. 2306.261.  SUPERVISING HOUSING SPONSORS.  The housing finance division may, as provided by this subchapter, supervise:
(1)  housing sponsors, including limited profit housing sponsors, of housing developments that are financed under this chapter and rented or leased to tenants;  and
(2)  real and personal property of sponsors.
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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.262. Uniform Systems of Accounts and Records

Sec. 2306.262.  UNIFORM SYSTEMS OF ACCOUNTS AND RECORDS.  The department may require uniform systems of accounts and records for housing sponsors.
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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.263. Reporting

Sec. 2306.263.  REPORTING.  The department may require housing sponsors to:
(1)  make reports and certifications of their expenditures;  and
(2)  answer specific questions on forms whenever necessary for the purposes of 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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.2631. Reports by Sponsors of Certain Multifamily Housing Developments

Sec. 2306.2631.  REPORTS BY SPONSORS OF CERTAIN MULTIFAMILY HOUSING DEVELOPMENTS.  (a)  This section applies only to a housing sponsor of a multifamily housing development that:
(1)  receives financial assistance from the state;
(2)  receives financial assistance from the federal government, including an allocation of low income housing tax credits; or
(3)  is subject to a land use restriction agreement.
(b)  The department by rule shall require the housing sponsor of a multifamily housing development to submit a quarterly report to the department. The report must include information that identifies:
(1)  the number of vacant units in the development at the time of the report; and
(2)  the number of days that each unit has been vacant.
(c)  The department shall provide to each member of the legislature, on request of that member, a report that disaggregates the information collected under Subsection (b) by zip code in the member's district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1423 (S.B. 1717), 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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.264. Inspections and Examinations

Sec. 2306.264.  INSPECTIONS AND EXAMINATIONS.  The department, through its agents or employees, may:
(1)  enter and inspect, in whole or in part, the land, buildings, and equipment of a housing sponsor;  and
(2)  examine all records showing the capital structure, income, expenditures, and other payments of a housing sponsor.
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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.265. Operation, Maintenance, and Repair

Sec. 2306.265.  OPERATION, MAINTENANCE, AND REPAIR.  The department may:
(1)  supervise the operation and maintenance of a housing development;  and
(2)  order necessary repairs to protect the public interest or the health, welfare, or safety of the housing development occupants.
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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.266. Fees Relating to Regulation

Sec. 2306.266.  FEES RELATING TO REGULATION.  The department may require a housing sponsor to pay the housing finance division fees for the cost of regulating the housing sponsor, including the cost of:
(1)  examination;
(2)  inspection;
(3)  supervision;  and
(4)  auditing.
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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.267. Compliance With Applicable Laws, Rules, and Contract Terms

Sec. 2306.267.  COMPLIANCE WITH APPLICABLE LAWS, RULES, AND CONTRACT TERMS.  The department may order a housing sponsor to perform or refrain from performing certain acts in order to comply with the law, department rules, or terms of a contract or agreement to which the housing sponsor is a party.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 37, 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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.268. Rents and Charges

Sec. 2306.268.  RENTS AND CHARGES.  The department shall approve and may change from time to time a schedule of rents and charges for a housing development operated by the department under Section 2306.251.
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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.269. Tenant and Manager Selection

Sec. 2306.269.  TENANT AND MANAGER SELECTION.  (a)  The department shall set standards for tenant and management selection by a housing sponsor.
(b)  The department shall prohibit a multifamily rental housing development funded or administered by the department, including a development supported with a housing tax credit allocation under Subchapter DD, from:
(1)  excluding an individual or family from admission to the development because the individual or family participates in the housing choice voucher program under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f);  and
(2)  using a financial or minimum income standard for an individual or family participating in the voucher program described by Subdivision (1) that requires the individual or family to have a monthly income of more than 2-1/2 times the individual's or family's share of the total monthly rent payable to the owner of the development.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 3.04, 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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.270. Regulation of Retirement of Capital Investment or Redemption of Stock

Sec. 2306.270.  REGULATION OF RETIREMENT OF CAPITAL INVESTMENT OR REDEMPTION OF STOCK.  The department shall regulate the retirement of a capital investment or the redemption of stock of a limited profit housing sponsor if the retirement or redemption, when added to a dividend or other distribution, exceeds in any one fiscal year the permitted percentage, as allowed by the department, of the original face amount of the limited profit housing sponsor's investment or equity in a housing development.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 38, 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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.272. Housing Sponsor Investments

Sec. 2306.272.  HOUSING SPONSOR INVESTMENTS.  (a)  A principal or stockholder of a housing sponsor may not earn, accept, or receive a per annum return on an investment in a housing development financed by the department greater than that allowed by department rule.
(b)  A housing sponsor's equity in a housing development is the difference between the mortgage loan and the total housing development cost.
(c)  The department shall establish a housing sponsor's equity when the final mortgage advance is made.
(d)  For the purposes of this section, the amount established under Subsection (c) remains constant during the life of the department's mortgage on the development, except for additional equity investment made by the sponsor with the department's approval or at its order.
(e)  In this section, "housing development costs" has the meaning assigned by Section 2306.271(d).
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 L. Housing Finance Division: Regulation of Housing Sponsors › Section 2306.273. Limitation on Application of Certain Provisions of Subchapter

Sec. 2306.273.  LIMITATION ON APPLICATION OF CERTAIN PROVISIONS OF SUBCHAPTER.  Sections 2306.261 through 2306.271 do not apply to a housing development:
(1)  for which individuals or families of low and very low income or families of moderate income receive a mortgage loan under this chapter;  and
(2)  that initially is intended for occupancy by those individuals or families.
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 M. Housing Finance Division: Purchase and Sale of Mortgage Loans › Section 2306.291. Purchase and Sale of Mortgage Loans

Sec. 2306.291.  PURCHASE AND SALE OF MORTGAGE LOANS.  (a)  The department may purchase and take assignments from mortgage lenders or the federal government of notes and other obligations, including contracts for deed and mortgages, evidencing loans or interest in loans for the construction, remodeling, improvement, rehabilitation, purchase, leasing, or refinancing of housing developments for individuals and families of low and very low income and families of moderate income.
(b)  The department may sell, at public or private sale, with or without public bidding, a mortgage or other obligation held by the department.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 39, 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 M. Housing Finance Division: Purchase and Sale of Mortgage Loans › Section 2306.292. Eligibility of Mortgage Loans for Purchase

Sec. 2306.292.  ELIGIBILITY OF MORTGAGE LOANS FOR PURCHASE.  A mortgage loan or interest in a mortgage loan is not eligible for purchase by or on behalf of the department from a mortgage lender unless the mortgage lender certifies that the mortgage loan or interest in the mortgage loan is for a housing development for individuals or families of low and very low income or for 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 M. Housing Finance Division: Purchase and Sale of Mortgage Loans › Section 2306.293. Federally Assisted Mortgage Loans

Sec. 2306.293.  FEDERALLY ASSISTED MORTGAGE LOANS.  A mortgage loan or interest in a mortgage loan purchased or sold under this subchapter may include a mortgage loan that is insured, guaranteed, or assisted by the federal government or a mortgage loan that the federal government has committed to insure, guarantee, or assist.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.