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 C. Powers and Duties › Section 2306.052. Director's Powers and Duties

Sec. 2306.052.  DIRECTOR'S POWERS AND DUTIES.  (a)  The director is the administrator and the head of the department and must be an individual qualified by training and experience to perform the duties of the office.
(b)  The director shall:
(1)  administer and organize the work of the department consistent with this chapter and with sound organizational management that promotes efficient and effective operation;
(2)  appoint and remove personnel employed by the department;
(3)  submit, through and with the approval of the governor, requests for appropriations and other money to operate the department;
(4)  administer all money entrusted to the department;
(5)  administer all money and investments of the department subject to:
(A)  department indentures and contracts;
(B)  Sections 2306.118 through 2306.120;  and
(C)  an action of the board under Section 2306.351;  and
(6)  perform other functions that may be assigned by the board or the governor.
(c)  The director shall develop and implement the policies established by the board that define the responsibilities of each division in the department.
(d)  Repealed by Acts 2001, 77th Leg., ch. 1367, Sec. 1.45, eff. Sept. 1, 2001.
(e)  The board shall adopt rules and the director shall develop and implement a program to train employees on the public information requirements of Chapter 552.  The director shall monitor the compliance of employees with those requirements.
(f)  The director shall use existing department resources to provide the board with any administrative support necessary for the board to exercise its duties regarding the implementation of this chapter, including:
(1)  assigning personnel to assist the board;
(2)  providing office space, equipment, and documents and other information to the board;  and
(3)  making in-house legal counsel available to the board.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.64(a), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 519, Sec. 4, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.08, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.45, 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 C. Powers and Duties › Section 2306.0521. Organizational Flexibility of Department

Sec. 2306.0521.  ORGANIZATIONAL FLEXIBILITY OF DEPARTMENT.  (a)  Notwithstanding Section 2306.021(b) or any other provision of this chapter, the director, with the approval of the board, may:
(1)  create divisions in addition to those listed in Section 2306.021(b) and assign to the newly created divisions any duties and powers imposed on or granted to an existing division or the department generally;
(2)  eliminate any division listed in Section 2306.021(b) or created under this section and assign any duties or powers previously assigned to the eliminated division to another division listed in Section 2306.021(b) or created under this section;  or
(3)  eliminate all divisions listed in Section 2306.021(b) or created under this section and reorganize the distribution of powers and duties granted to or imposed on a division in any manner the director determines appropriate for the proper administration of the department.
(b)  This section does not apply to the manufactured housing division.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.07, 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 C. Powers and Duties › Section 2306.053. Department Powers and Duties

Sec. 2306.053.  DEPARTMENT POWERS AND DUTIES.  (a)  The department shall maintain suitable headquarters and other offices in this state that the director determines are necessary.
(b)  The department may:
(1)  sue and be sued, or plead and be impleaded;
(2)  act for and on behalf of this state;
(3)  adopt an official seal or alter it;
(4)  adopt and enforce bylaws and rules;
(5)  contract with the federal government, state, any public agency, mortgage lender, person, or other entity;
(6)  designate mortgage lenders to act for the department for the origination, processing, and servicing of the department's mortgage loans under conditions agreed to by the parties;
(7)  provide, contract, or arrange for consolidated processing of a housing development to avoid duplication;
(8)  encourage homeless individuals and individuals of low or very low income to attend the department's educational programs and assist those individuals in attending the programs;
(9)  appoint and determine the qualifications, duties, and tenure of its agents, counselors, and professional advisors, including accountants, appraisers, architects, engineers, financial consultants, housing construction and financing experts, and real estate consultants;
(10)  administer federal housing, community affairs, or community development programs, including the low income housing tax credit program;
(11)  establish eligibility criteria for individuals and families of low, very low, and families of moderate income to participate in and benefit from programs administered by the department;
(12)  execute funding agreements;
(13)  obtain, retain, and disseminate records and other documents in electronic form;  and
(14)  do all things necessary, convenient, or desirable to carry out the powers expressly granted or necessarily implied by this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.62(c), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 980, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter C. Powers and Duties › Section 2306.054. Special Advisory Councils

Sec. 2306.054.  SPECIAL ADVISORY COUNCILS.  (a)  The governor or director may appoint special advisory councils to:
(1)  assist the department in reviewing basic policy; or
(2)  offer advice on technical aspects of certain programs.
(b)  A special advisory council is dissolved on completion of its stated purpose unless continued by the governor or director.
(c)  A special advisory council is subject to Chapter 2110, including Section 2110.008(a) but not including Section 2110.008(b).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 2306.094 and amended by Acts 1995, 74th Leg. ch. 76, Sec. 5.70(a), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 11, 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 C. Powers and Duties › Section 2306.055. Transfers From Governor

Sec. 2306.055.  TRANSFERS FROM GOVERNOR.  The governor may transfer to any division personnel, equipment, records, obligations, appropriations, functions, and duties of appropriate divisions of the governor's office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 2306.095 and amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.71(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 C. Powers and Duties › Section 2306.056. Committees

Sec. 2306.056.  COMMITTEES.  (a)  The presiding officer may appoint a committee composed of board members to carry out the board's duties.
(b)  The board may consider a recommendation of a committee in making a decision under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.63(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 C. Powers and Duties › Section 2306.057. Compliance Assessment Required for Project Approval by Board

Sec. 2306.057.  COMPLIANCE ASSESSMENT REQUIRED FOR PROJECT APPROVAL BY BOARD.  (a)  Before the board approves any project application submitted under this chapter, the department, through the division with responsibility for compliance matters, shall:
(1)  assess:
(A)  the compliance history in this state of the applicant and any affiliate of the applicant with respect to all applicable requirements; and
(B)  the compliance issues associated with the proposed project; and
(2)  provide to the board a written report regarding the results of the assessments described by Subdivision (1).
(b)  The written report described by Subsection (a)(2) must be included in the appropriate project file for board and department review.
(c)  The board shall fully document and disclose any instances in which the board approves a project application despite any noncompliance associated with the project, applicant, or affiliate that is reported by the department under Subsection (a)(2).
(d)  In assessing the compliance of the project, applicant, or affiliate, the board shall consider any relevant compliance information in the department's database created under Section 2306.081, including compliance information provided to the department by the Texas State Affordable Housing Corporation.
(e)  For a project application seeking financial assistance administered through the department's multifamily housing programs, the department may not include in the report provided under Subsection (a)(2) any instance of noncompliance associated with a project of the applicant or affiliate of the applicant if the applicant or affiliate has submitted documentation, in a format acceptable to the department, demonstrating that the responsibility for project compliance was delegated to another participant in the project, including, if applicable, a related party as defined by Section 2306.6702.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.07, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 332, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 12, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 527 (S.B. 2046), Sec. 1, eff. September 1, 2021.
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 D. General Administrative Provisions › Section 2306.061. Standards of Conduct

Sec. 2306.061.  STANDARDS OF CONDUCT.  The director or the director's designee shall become aware of and provide to members of the board and to department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.09, 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 D. General Administrative Provisions › Section 2306.063. Performance Evaluations

Sec. 2306.063.  PERFORMANCE EVALUATIONS.  The director or the director's designee shall develop a system of annual performance evaluations.  All merit pay for department employees must be based on the system established under this section.
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 D. General Administrative Provisions › Section 2306.064. Equal Employment Opportunities

Sec. 2306.064.  EQUAL EMPLOYMENT OPPORTUNITIES.  (a)  The director or the director's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  a comprehensive analysis of the department work force that meets federal and state guidelines;
(2)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel;
(3)  procedures by which a determination can be made of significant underuse in the department work force of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must cover an annual period, be updated at least annually, and be filed with the governor's office.
(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to 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 D. General Administrative Provisions › Section 2306.065. Discrimination Prohibited

Sec. 2306.065.  DISCRIMINATION PROHIBITED.  An individual may not, because of that individual's race, color, national origin, or sex, be excluded from participation, be denied benefits, or be subjected to discrimination in any program or activity funded in whole or in part with funds made available 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 D. General Administrative Provisions › Section 2306.066. Information and Complaints

Sec. 2306.066.  INFORMATION AND COMPLAINTS.  (a)  The department shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department.  The department shall make the information available to the public and appropriate state agencies.
(b)  The department shall maintain a file on each written complaint filed with the department. The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the department;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the department closed the file without taking action other than to investigate the complaint.
(c)  The department shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the department's policies and procedures relating to complaint investigation and resolution.  The department, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
(d)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
(e)  The director shall prepare and maintain a written plan that describes how an individual who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to and participation in the department's programs.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.10, 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 D. General Administrative Provisions › Section 2306.067. Loaned Employees

Sec. 2306.067.  LOANED EMPLOYEES.  (a)  The director may enter into reciprocal agreements with a state agency or instrumentality or local government to loan or assign department employees to that entity.
(b)  A state agency or instrumentality or local government may loan or assign employees to the department, with or without reimbursement, by agreement between the department and the other party.  The department may contract to reimburse all costs incidental to loaning or assigning employees.
(c)  An employee loaned or assigned to the department is an employee of the lending agency or unit for purposes of salary, leave, retirement, and other personnel benefits.  The loaned or assigned employee is under the supervision of personnel of the department and is an employee of the department for all other purposes.
(d)  The director may enter into an agreement with the manufactured housing division to loan or assign department employees, equipment, and facilities to that division.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.12, 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 D. General Administrative Provisions › Section 2306.068. Interagency Cooperation

Sec. 2306.068.  INTERAGENCY COOPERATION.  An agency or institution of the state shall cooperate with the department by providing personnel, information, and technical advice as the department assists the governor in:
(1)  the coordination of federal and state activities affecting local government;  and
(2)  providing affordable 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 D. General Administrative Provisions › Section 2306.069. Legal Counsel

Sec. 2306.069.  LEGAL COUNSEL.  (a)  With the approval of the attorney general, the department may hire appropriate outside legal counsel.
(b)  The department may hire in-house legal counsel.  The director shall prescribe the duties of the legal counsel.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.68(a), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 13, 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 D. General Administrative Provisions › Section 2306.0705. General Appropriations Act

Sec. 2306.0705.  GENERAL APPROPRIATIONS ACT.  Except as specifically provided by this chapter, the department is subject to the General Appropriations Act.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.65(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 D. General Administrative Provisions › Section 2306.071. Funds

Sec. 2306.071.  FUNDS.  (a)  The department may request, contract for, receive, and spend for its purposes an appropriation, grant, allocation, subsidy, rent supplement, guarantee, aid, contribution, gift, service, labor, or material from this state, the federal government, or another public or private source.
(b)  The funds and revenues of the housing finance division shall be kept separate from the funds and revenues of the other divisions, and the other divisions may use funds and revenues of the housing finance division only to administer housing-related programs.
(c)  Except for legislative appropriations, funds necessary for the operation of the housing finance division, and trustee-held funds of the department under a multifamily bond indenture, all funds and revenue received by the housing finance division are to be kept outside the state treasury.
(d)  Legislative appropriations to the housing finance division and the operating funds of the division shall be kept in the state treasury.  Trustee-held funds of the department under a multifamily bond indenture are held by the trustee as provided by the indenture.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.65(b), 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 D. General Administrative Provisions › Section 2306.0723. Report Considered as Rule

Sec. 2306.0723.  REPORT CONSIDERED AS RULE.  The department shall consider the annual low income housing report to be a rule and in developing the report shall follow rulemaking procedures required by Chapter 2001.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 16, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.15, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 17, 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 D. General Administrative Provisions › Section 2306.0724. Fair Housing Sponsor Report

Sec. 2306.0724.  FAIR HOUSING SPONSOR REPORT.  (a)  The department shall require the owner of each housing development that receives financial assistance from the department and that contains 20 or more living units to submit an annual fair housing sponsor report.  The report must include the relevant information necessary for the analysis required by Section 2306.072(c)(6).  In compiling the information for the report, the owner of each housing development shall use data current as of January 1 of the reporting year.
(b)  The department shall adopt rules regarding the procedure for filing the report.
(c)  The department shall maintain the reports in electronic and hard-copy formats readily available to the public at no cost.
(d)  A housing sponsor who fails to file a report in a timely manner is subject to the following sanctions, as determined by the department:
(1)  denial of a request for additional funding;  or
(2)  an administrative penalty in an amount not to exceed $1,000, assessed in the manner provided for an administrative penalty under Section 2306.6023.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 4.02, 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 D. General Administrative Provisions › Section 2306.073. Internal Audit

Sec. 2306.073.  INTERNAL AUDIT.  (a)  The director, with the approval of the board, shall appoint an internal auditor who reports directly to the board and serves at the pleasure of the board.
(b)  The internal auditor shall:
(1)  prepare an annual audit plan using risk assessment techniques to rank high-risk functions in the department;  and
(2)  submit the annual audit plan to the director and board for consideration and approval or change as necessary or advisable.
(c)  The internal auditor may bring before the director or board an issue outside the annual audit plan that requires the immediate attention of the director or board.
(d)  The internal auditor may not be assigned any operational or management responsibilities that impair the ability of the internal auditor to make an independent examination of the department's operations.
(e)  The department shall give the internal auditor unrestricted access to activities and records of the department unless restricted by other law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.67(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 D. General Administrative Provisions › Section 2306.074. Audit

Sec. 2306.074.  AUDIT.  (a)  The department's books and accounts must be audited each fiscal year by a certified public accountant or, if requested by the department and if the legislative audit committee approves including the audit in the audit plan under Section 321.013(c), by the state auditor.  A copy of the audit must be filed with the governor, the comptroller, and the legislature not later than the 30th day after the submission date for the annual financial report as required by the General Appropriations Act.  If the state auditor is conducting the audit and it is not available by the 30th day after the submission date as required by the General Appropriations Act for annual financial reporting, it must be filed as soon as it is available.
(b)  The department shall pay for the audit.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(b), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1035, Sec. 67, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 785, Sec. 48, 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 D. General Administrative Provisions › Section 2306.075. Tax Exemption

Sec. 2306.075.  TAX EXEMPTION.  The property of the department, its income, and its operations are exempt from all taxes and assessments imposed by this state and all public agencies on property acquired or used 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 D. General Administrative Provisions › Section 2306.076. Insurance

Sec. 2306.076.  INSURANCE.  (a)  The board may purchase from department funds liability insurance for the director, board members, officers, and employees of the department.
(b)  The board may purchase the insurance in an amount the board considers reasonably necessary to:
(1)  insure against reasonably foreseeable liabilities;  and
(2)  provide for all costs of defending against those liabilities, including court costs and attorney's fees.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(c), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 17, 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 D. General Administrative Provisions › Section 2306.077. Internet Availability

Sec. 2306.077.  INTERNET AVAILABILITY.  (a)  In this section, "Internet" means the largest, nonproprietary, nonprofit, cooperative, public computer network, popularly known as the Internet.
(b)  The department, to the extent it considers it to be feasible and appropriate, shall make information on the department's programs, public hearings, and scheduled public meetings available to the public on the Internet.
(c)  The access to information allowed by this section is in addition to the public's free access to the information through other electronic or print distribution of the information and does not alter, diminish, or relinquish any copyright or other proprietary interest or entitlement of this state or a private entity under contract with this state.
(d)  The department shall provide for annual housing sponsor reports required by Section 2306.0724 to be filed through the Internet.
(e)  The department shall provide for reports regarding housing units designed for persons with disabilities made under Section 2306.078 to be filed through the Internet.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 18, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 4.03, 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 D. General Administrative Provisions › Section 2306.078. Information Regarding Housing for Persons With Disabilities

Sec. 2306.078.  INFORMATION REGARDING HOUSING FOR PERSONS WITH DISABILITIES.  (a)  The department shall establish a system that requires owners of state or federally assisted housing developments with 20 or more housing units to report information regarding housing units designed for persons with disabilities.
(b)  The system must provide for each owner of a development described by Subsection (a) with at least one housing unit designed for a person with a disability to enter the following information on the department's Internet site:
(1)  the name, if any, of the development;
(2)  the street address of the development;
(3)  the number of housing units in the development that are designed for persons with disabilities and that are available for lease;
(4)  the number of bedrooms in each housing unit designed for a person with a disability;
(5)  the special features that characterize each housing unit's suitability for a person with a disability;
(6)  the rent for each housing unit designed for a person with a disability;  and
(7)  the telephone number and name of the development manager or agent to whom inquiries by prospective tenants may be made.
(c)  The department shall require each owner to maintain updated contact information under Subsection (b)(7) and shall solicit the owner's voluntary provision of updated information under Subsections (b)(3) and (6).
(d)  The department shall make information provided under this section available to the public in electronic and hard-copy formats at no cost.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 4.04, 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 D. General Administrative Provisions › Section 2306.080. Database Information Specialist

Sec. 2306.080.  DATABASE INFORMATION SPECIALIST.  The director shall appoint a database information specialist.  The primary responsibility of the database information specialist is to provide for the effective and efficient dissemination to the public of information related to affordable housing and community development in a form that is accessible, widely available, and easily used.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 5.01, 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 D. General Administrative Provisions › Section 2306.081. Project Compliance; Database

Sec. 2306.081.  PROJECT COMPLIANCE;  DATABASE.  (a)  The department, through the division with responsibility for compliance matters, shall monitor for compliance with all applicable requirements the entire construction phase associated with any project under this chapter.  The monitoring level for each project must be based on the amount of risk associated with the project.
(b)  After completion of a project's construction phase, the department shall periodically review the performance of the project to confirm the accuracy of the department's initial compliance evaluation during the construction phase.
(c)  The department shall use the division responsible for credit underwriting matters and the division responsible for compliance matters to determine the amount of risk associated with each project.
(d)  The department shall create an easily accessible database that contains all project compliance information developed under this chapter, including project compliance information provided to the department by the Texas State Affordable Housing Corporation.
(e)  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. 1.09, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 332, Sec. 7, eff. Sept. 1, 2003.
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 D. General Administrative Provisions › Section 2306.082. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 2306.082.  NEGOTIATED RULEMAKING;  ALTERNATIVE DISPUTE RESOLUTION.  (a)  The department shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of department rules;  and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must designate the State Office of Administrative Hearings as the primary mediator and, to the extent practicable, conform to any guidelines or rules issued by that office.
(c)  The department shall designate a person employed by or appointed to the office of the director but who is not in the legal division to coordinate and process requests for the alternative dispute resolution procedures.  The person must receive training from an independent source in alternative dispute resolution not later than the 180th day after the date the person was designated to coordinate and process requests for the alternative dispute resolution procedures.
(d)  The department shall notify a person requesting the alternative dispute resolution procedures that:
(1)  an alternative dispute resolution decision is not binding on the state; and
(2)  the department will mediate in good faith.
(e)  The alternative dispute resolution procedures may be requested before the board makes a final decision.
(f)  Notwithstanding any other provision of this section, the alternative dispute resolution procedures may not be used to unnecessarily delay a proceeding under this chapter.
Added by Acts 2003, 78th Leg., ch. 330, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 18, 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 D. General Administrative Provisions › Section 2306.083. Application Requirement for Colonias Projects

Sec. 2306.083.  APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.  (a)  In this section, "colonia" means a geographic area that:
(1)  is an economically distressed area as defined by Section 17.921, Water Code;
(2)  is located in a county any part of which is within 62 miles of an international border; and
(3)  consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(d)  Regarding any projects funded by the department that provide assistance to colonias, the department shall require an applicant for the funds to submit to the department a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application.  If a colonia does not have a classification number, the department may contact the secretary of state or the secretary of state's representative to obtain the classification number.  On request of the department, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.
Added by Acts 2005, 79th Leg., Ch. 828 (S.B. 827), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 8, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.07, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.08, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
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 E. Community Affairs and Community Development Programs › Section 2306.092. Duties Regarding Certain Programs Created Under Federal Law

Sec. 2306.092.  DUTIES REGARDING CERTAIN PROGRAMS CREATED UNDER FEDERAL LAW.  The department shall administer, as appropriate under policies established by the board:
(1)  state responsibilities for programs created under the federal Economic Opportunity Act of 1964 (42 U.S.C. Section 2701 et seq.);
(2)  programs assigned to the department under the Omnibus Budget Reconciliation Act of 1981 (Pub.L. No. 97-35); and
(3)  other federal acts creating economic opportunity programs assigned to the department.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.69(a), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 994, Sec. 4, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.16, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 19, 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 E. Community Affairs and Community Development Programs › Section 2306.093. Housing Assistance Goal

Sec. 2306.093.  HOUSING ASSISTANCE GOAL.  By action of the board the community affairs division shall have a goal to apply a minimum of 25 percent of the division's total housing-related funds toward housing assistance for individuals and families of very low income.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2306.094.  SERVICES FOR THE HOMELESS.  The department shall administer the state's allocation of federal funds provided under the Emergency Shelter Grants Program (42 U.S.C. Section 11371 et seq.), as amended, or its successor program, and any other federal funds provided for the benefit of homeless individuals and families.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 20, 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 E. Community Affairs and Community Development Programs › Section 2306.097. Energy Services Program for Low-Income Individuals

Sec. 2306.097.  ENERGY SERVICES PROGRAM FOR LOW-INCOME INDIVIDUALS.  (a)  The Energy Services Program for Low-Income Individuals shall operate in conjunction with the community services block grant program and has jurisdiction and responsibility for administration of the following elements of the State Low-Income Energy Assistance Program, from whatever sources funded:
(1)  the Energy Crisis Intervention Program;
(2)  the weatherization program; and
(3)  the Low-Income Home Energy Assistance Program.
(b)  Applications, forms, and educational materials for a program administered under Subsection (a)(1), (2), or (3) must be provided in English, Spanish, and any other appropriate language.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.72(a), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 980, Sec. 21, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 600 (H.B. 434), Sec. 1, 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 E. Community Affairs and Community Development Programs › Section 2306.0985. Recovery of Funds From Certain Subdivisions

Sec. 2306.0985.  RECOVERY OF FUNDS FROM CERTAIN SUBDIVISIONS.  (a)  It is the intent of the legislature that a private developer not unduly benefit from the expenditure by the state of public funds on infrastructure for public benefit.
(b)  This section applies only to property located in:
(1)  the unincorporated area of an affected county, as defined by Section 16.341, Water Code;  and
(2)  an economically distressed area, as defined by Section 16.341, Water Code.
(c)  As a condition for the receipt of state funds, and to the extent permitted by law, federal funds, the department may require a political entity with authority to tax and place a lien on property to place a lien or assessment on property that benefits from the expenditure of state or federal funds for water, wastewater, or drainage improvements affecting the property.  The lien or assessment may not exceed an amount equal to the cost of making the improvements as those costs relate to the property.  The lien or assessment expires 10 years after the date the improvements are completed.
(d)  If property subject to a lien or assessment under Subsection (c) is sold, the seller must pay to the political entity from the proceeds of the sale an amount equal to the value of the lien or assessment.  This subsection does not apply if:
(1)  the reason for the sale is:
(A)  the disposition of the estate following the death of the owner of the property;  or
(B)  the owner because of physical condition must reside in a continuous care facility and no longer resides on the property;  or
(2)  the owner of the property is a person of low or moderate income.
(e)  If property subject to a lien or assessment under Subsection (c) is repossessed by the holder of a note or a contract for deed, the holder must pay to the political entity an amount equal to the value of the lien or assessment before taking possession of the property.
(f)  Subject to rules adopted by the department, a political entity shall collect payments made under this section and remit the funds for deposit in the treasury to the credit of a special account in the general revenue fund that may be appropriated only to the department for use in administering a program under Section 2306.098.
(g)  After public notice and comment, the department shall adopt rules to administer this section.  The department may provide by rule for the reduction or waiver of a fee authorized by this section.
Added by Acts 1995, 74th Leg., ch. 979, Sec. 28, eff. June 16, 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 2306.1111. Uniform Application and Funding Cycles

Sec. 2306.1111.  UNIFORM APPLICATION AND FUNDING CYCLES.  (a)  Notwithstanding any other state law and to the extent consistent with federal law, the department shall establish uniform application and funding cycles for all competitive single-family and multifamily housing programs administered by the department under this chapter, other than programs involving the issuance of private activity bonds.
(b)  Wherever possible, the department shall use uniform threshold requirements for single-family and multifamily housing program applications, including uniform threshold requirements relating to market studies and environmental reports.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.18, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 20, eff. September 1, 2007.