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 Y. Texas State Affordable Housing Corporation › Section 2306.552. Creation

Sec. 2306.552.  CREATION.  (a)  The existence of the Texas State Affordable Housing Corporation, or any similarly named corporation, begins on the date that the secretary of state issues the certificate of incorporation.
(b)  The charter of the corporation must establish the corporation as nonprofit and specifically dedicate the corporation's activities to the public purpose authorized by this subchapter.
(c)  The creation of the corporation does not limit or impair the rights, powers, and duties of the department under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(d), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 47, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5521. Sunset Provision

Sec. 2306.5521.  SUNSET PROVISION.  The Texas State Affordable Housing Corporation is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the corporation is abolished and this subchapter expires September 1, 2029.
Added by Acts 1997, 75th Leg., ch. 1169, Sec. 1.02, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1194, Sec. 2, eff. June 15, 2001;  Acts 2003, 78th Leg., ch. 332, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 1.04, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 291 (H.B. 1818), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 3.02, eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.11, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter Y. Texas State Affordable Housing Corporation › Section 2306.5541. Terms of Members

Sec. 2306.5541.  TERMS OF MEMBERS.  The members of the board of directors of the corporation serve staggered six-year terms, with the terms of one or two members expiring on February 1 of each odd-numbered year.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter Y. Texas State Affordable Housing Corporation › Section 2306.5542. Removal of Members

Sec. 2306.5542.  REMOVAL OF MEMBERS.  (a)  It is a ground for removal from the board of directors of the corporation that a member:
(1)  does not have at the time of taking office the qualifications required by Section 2306.554;
(2)  does not maintain during service on the board of directors of the corporation the qualifications required by Section 2306.554;
(3)  is ineligible for membership under Sections 2306.554 and 2306.5545;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board of directors.
(b)  The validity of an action of the board of directors of the corporation is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the president of the corporation has knowledge that a potential ground for removal exists, the president shall notify the presiding officer of the board of directors of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the president shall notify the next highest ranking officer of the board of directors, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter Y. Texas State Affordable Housing Corporation › Section 2306.5543. Training

Sec. 2306.5543.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the corporation's board of directors may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the corporation;
(2)  the programs, functions, rules, and budget of the corporation;
(3)  the results of the most recent formal audit of the corporation;
(4)  the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and
(5)  any applicable ethics policies adopted by the corporation or the Texas Ethics Commission.
(c)  A person appointed to the corporation's board of directors is entitled to reimbursement, to the same extent provided by the General Appropriations Act for a member of a state board, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 291 (H.B. 1818), Sec. 3, eff. September 1, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5545. Conflict of Interest Policies

Sec. 2306.5545.  CONFLICT OF INTEREST POLICIES.  (a)  The board of directors of the corporation shall develop and implement policies relating to employee conflicts of interest that are substantially similar to comparable policies that govern state employees.
(b)  A person may not be a member of the corporation's board of directors and may not be a corporation employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of banking, mortgage lending, real estate, housing development, or housing construction; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of banking, mortgage lending, real estate, housing development, or housing construction.
(c)  A person may not be a member of the corporation's board of directors or act as the general counsel to the board of directors or the corporation if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the corporation.
(d)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 47, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 332, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 291 (H.B. 1818), Sec. 4, eff. September 1, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5546. Standards of Conduct

Sec. 2306.5546.  STANDARDS OF CONDUCT.  The president of the corporation or the president's designee shall provide to members of the board of directors of the corporation and to corporation employees, as often as necessary, information regarding the requirements for office or employment under this subchapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 13, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5547. Division of Responsibility

Sec. 2306.5547.  DIVISION OF RESPONSIBILITY.  The board of directors of the corporation shall develop and implement policies that clearly separate the policymaking responsibilities of the board of directors and the management responsibilities of the president and the staff of the corporation.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 13, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5548. Equal Employment Opportunity Policy

Sec. 2306.5548.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The president of the corporation or the president's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the corporation to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the corporation's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must be:
(1)  updated annually;  and
(2)  filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 13, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5549. Meetings of the Corporation's Board

Sec. 2306.5549.  MEETINGS OF THE CORPORATION'S BOARD.  (a)  The corporation's board may hold meetings when called by the presiding officer, the president, or three of the members.
(b)  The corporation's board shall keep minutes and complete transcripts of its meetings. The corporation shall post the transcripts on its Internet website and shall otherwise maintain all accounts, minutes, and other records related to the meetings.
(c)  All materials provided to the corporation's board that are relevant to a matter proposed for discussion at a meeting of that board must be posted on the corporation's Internet website not later than the third day before the date of the meeting.
(d)  Any materials made available to the corporation's board by the corporation at a meeting of that board must be made available in hard-copy format to the members of the public in attendance at the meeting.
(e)  The corporation's board shall conduct its meetings in accordance with Chapter 551, except as otherwise required by this chapter.
(f)  For each item on the agenda at a meeting of the corporation's board, the corporation's board shall provide for public comment after the presentation made by corporation staff and the motions made by the corporation's board on that topic.
(g)  The corporation's board shall adopt rules that give the public a reasonable amount of time for testimony at meetings.
Added by Acts 2011, 82nd Leg., R.S., Ch. 291 (H.B. 1818), Sec. 5, eff. September 1, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5551. Board Delegation of Authority to Issue Bonds or Other Obligations

Sec. 2306.5551.  BOARD DELEGATION OF AUTHORITY TO ISSUE BONDS OR OTHER OBLIGATIONS.  (a)  The board of directors of the corporation may delegate to a member of the board or to an employee of the corporation the authority to enter into a contract to issue bonds or other obligations for the corporation.
(b)  The person to whom contract authority is delegated under this section shall report to the board as frequently as considered necessary by the board all of the person's activities relating to the issuance of bonds or other obligations.
Added by Acts 2001, 77th Leg., ch. 1194, Sec. 4, eff. June 15, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5552. Technical and Financial Assistance Provided to Nonprofit Organizations

Sec. 2306.5552.  TECHNICAL AND FINANCIAL ASSISTANCE PROVIDED TO NONPROFIT ORGANIZATIONS.  The corporation shall supplement the technical and financial capacity of other appropriate nonprofit organizations to provide for the multifamily and single-family housing needs of individuals and families of low, very low, and extremely low income.
Added by Acts 2001, 77th Leg., ch. 1194, Sec. 4, eff. June 15, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5553. Historically Underutilized Businesses

Sec. 2306.5553.  HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The corporation shall make a good faith effort to provide contracting opportunities for, and to increase contract awards to, historically underutilized businesses for all services that may be required by the corporation, including professional and consulting services and commodities purchases.
(b)  In accordance with Subchapter B, Chapter 20, Title 34, Texas Administrative Code, a good faith effort under Subsection (a) must include awarding historically underutilized businesses at least a portion of the total contract value of all contracts the corporation expects to award in a state fiscal year.
(c)  The corporation may achieve annual procurement goals under this section by contracting directly with historically underutilized businesses or by contracting indirectly with those businesses through the provision of subcontracting opportunities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 291 (H.B. 1818), Sec. 6, eff. September 1, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5555. Public Access

Sec. 2306.5555.  PUBLIC ACCESS.  The board of directors of the corporation shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board of directors and to speak on any issue under the jurisdiction of the corporation.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 47, 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 Y. Texas State Affordable Housing Corporation › Section 2306.556. Exempt From Taxation and Registration

Sec. 2306.556.  EXEMPT FROM TAXATION AND REGISTRATION.  (a)  The corporation is exempt from all taxation by the state or a political subdivision of the state, including a municipality.
(b)  A bond or other obligation issued by the corporation is an exempt security under The Securities Act (Title 12, Government Code), and unless specifically provided otherwise, under any subsequently enacted securities act.  Any contract, guaranty, or other document executed in connection with the issuance of the bond or other obligation is not an exempt security under that Act, and unless specifically provided otherwise, under any subsequently enacted securities act.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(d), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 47, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.27, eff. January 1, 2022.
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 Y. Texas State Affordable Housing Corporation › Section 2306.557. Distribution of Earnings

Sec. 2306.557.  DISTRIBUTION OF EARNINGS.  Any part of earnings remaining after payment of expenses and any establishment of reserves by the corporation's board of directors may not inure to any person except that the corporation shall use these excess earnings to further the corporation's new or existing affordable housing initiatives if the corporation's board of directors determines that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the corporation and for any establishment of reserves by the corporation's board of directors.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(d), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 47, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1041, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter Y. Texas State Affordable Housing Corporation › Section 2306.558. Alteration and Termination

Sec. 2306.558.  ALTERATION AND TERMINATION.  (a)  Subject to this subchapter and the prohibition on the impairment of contracts in the law of this state, the corporation's board of directors by written resolution may alter the structure, organization, programs, or activities of the corporation or terminate and dissolve the corporation.
(b)  The corporation's board of directors shall dissolve the corporation if the board by resolution determines that:
(1)  the purposes for which the corporation was formed have been substantially fulfilled;  and
(2)  all bonds and other obligations issued by the corporation and all guaranties and insurance and other contractual obligations have been fully paid or provision for that payment has been made.
(c)  On dissolution, the title to funds and properties previously owned by the corporation shall be transferred to the department.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(d), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 47, 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 Y. Texas State Affordable Housing Corporation › Section 2306.559. Reporting Requirements

Sec. 2306.559.  REPORTING REQUIREMENTS.  (a)  The corporation shall file an annual report of the financial activity of the corporation with the department.  The corporation's board of directors shall submit the report to the governor, lieutenant governor, speaker of the house of representatives, and comptroller.
(b)  The corporation shall file the report by the date established in the General Appropriations Act.
(c)  The corporation shall prepare the report in accordance with generally accepted accounting principles.
(d)  The report must include:
(1)  a statement of support, revenue, and expenses and change in fund balances;
(2)  a statement of functional expenses;
(3)  balance sheets for all funds;
(4)  the number, amount, and purpose of private gifts, grants, donations, or other funds applied for and received;
(5)  the number, amount, and purpose of loans provided to affordable housing developers, regardless of whether the corporation provides those loans directly to the developers or administers the loans from another source;
(6)  the amount and source of funds deposited into any fund created by the corporation for the purpose of providing grants and the number, amount, and purpose of any grants provided; and
(7)  the total amount of annual revenue generated by the corporation in excess of its expenditures.
(e)  The corporation shall file quarterly performance reports with the department.
(f)  Promptly on receipt, the corporation shall file with the Bond Review Board a report for the preceding fiscal year.  The report must contain the status of all outstanding debts and obligations of the corporation, the status of collateral pledged as security for those debts and obligations, and a maturity and payment schedule for those debts and obligations.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(d), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 47, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 291 (H.B. 1818), Sec. 7, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 62, 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 Y. Texas State Affordable Housing Corporation › Section 2306.560. Audit

Sec. 2306.560.  AUDIT.  (a)  The corporation shall hire an independent certified public accountant to audit the corporation's books and accounts for each fiscal year.  The corporation shall file a copy of the audit with the department and shall submit the audit report to the governor, lieutenant governor, speaker of the house of representatives, comptroller, Bond Review Board, and State Auditor's Office not later than the 30th day after the submission date established in the General Appropriations Act for the annual financial report.
(b)  The corporation is subject to audit by the state auditor.
(c)  The corporation shall submit budget and financial information to the legislative budget office as required by the director of the legislative budget office.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(24), and Ch. 1079 (H.B. 3361), Sec. 5.01(2), eff. September 1, 2013.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 47, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 5.01(2), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 63, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(24), 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 Y. Texas State Affordable Housing Corporation › Section 2306.561. Liability

Sec. 2306.561.  LIABILITY.  (a)  The directors, officers, and employees of the corporation are not personally liable for bonds or other obligations issued or contracts, guaranties, or insurance executed by the corporation, or for any other action taken in accordance with the powers and duties authorized by this subchapter or in the good faith belief that that action was taken in accordance with the powers and duties authorized by this subchapter.
(b)  The directors and officers of the corporation are immune from civil liability to the same extent that a volunteer who serves as an officer, director, or trustee of a charitable organization is immune from civil liability under Chapter 84, Civil Practice and Remedies Code.
(c)  The civil liability of an employee of the corporation is limited to the same extent that the civil liability of an employee of a charitable organization is limited under Chapter 84, Civil Practice and Remedies Code.
(d)  The limitations on liability contained in this section do not limit or impair the limitations on liability otherwise available to the corporation's directors, officers, and employees.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 47, 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 Y. Texas State Affordable Housing Corporation › Section 2306.563. Public Benefit Requirement

Sec. 2306.563.  PUBLIC BENEFIT REQUIREMENT.  (a)  The corporation shall implement a requirement that a community housing development organization that receives an issuance of qualified 501(c)(3) bonds from the corporation to develop property must invest at least one dollar in projects and services that benefit income-eligible persons for each dollar of taxes that is not imposed on the property as a result of a property tax exemption received under Section 11.182, Tax Code.
(b)  The projects and services must benefit income-eligible persons in the county in which the property supported with the tax exemption is located.
(c)  The projects and services must consist of:
(1)  rent reduction;
(2)  capital improvement projects;  or
(3)  social, educational, or economic development services.
(d)  The corporation and the organization may determine on a case-by-case basis the specific projects and services in which the organization must invest under this section.
(e)  The dollar-for-dollar public benefit requirement imposed by this section shall be reduced by an amount equal to each dollar that, in lieu of taxes, a community housing development organization pays to a taxing unit for which the property receives an exemption under Section 11.182, Tax Code.
(f)  In implementing the public benefit requirement, the corporation shall adopt guidelines for reasonable rent reductions, capital improvement projects, and social, educational, and economic development services.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 16, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1050, Sec. 3, see Sec. 2306.563, ante.
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 Y. Texas State Affordable Housing Corporation › Section 2306.564. Review of Qualified 501(c)(3) Bond Issuance Policies

Sec. 2306.564.  REVIEW OF QUALIFIED 501(C)(3) BOND ISSUANCE POLICIES.  (a)  The corporation shall review annually its qualified 501(c)(3) bond issuance policies, including the public benefit requirement implemented under Section 2306.563.
(b)  The corporation shall give to the secretary of state for publication in the Texas Register any proposed policy revisions and allow a reasonable period for public comment.
(c)  The board of directors of the corporation must approve any change to the bond issuance policies.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 16, 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 Y. Texas State Affordable Housing Corporation › Section 2306.566. Coordination Regarding State Low Income Housing Plan

Sec. 2306.566.  COORDINATION REGARDING STATE LOW INCOME HOUSING PLAN.  (a)  The corporation shall review the needs assessment information provided to the corporation by the department under Section 2306.0722(b).
(b)  The corporation shall develop a plan to meet the state's most pressing housing needs identified in the needs assessment information and provide the plan to the department for incorporation into the state low income housing plan.
(c)  The corporation's plan must include specific proposals to help serve rural and other underserved areas of the state.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 16, 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 Y. Texas State Affordable Housing Corporation › Section 2306.567. Compliance Information

Sec. 2306.567.  COMPLIANCE INFORMATION.  (a)  The corporation shall provide to the department electronic copies of all compliance information compiled by the corporation.
(b)  Before approving an application regarding a housing development, the corporation shall consider any relevant compliance information in the department's database created under Section 2306.081.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 16, 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 Y. Texas State Affordable Housing Corporation › Section 2306.5671. Compliance With Terms of Certain Contracts or Agreements

Sec. 2306.5671.  COMPLIANCE WITH TERMS OF CERTAIN CONTRACTS OR AGREEMENTS.  A compliance contract or agreement between the corporation and a housing sponsor that receives bond financing by or through the corporation for the purpose of providing affordable multifamily housing must contain a provision stating that if the housing sponsor fails to comply with the terms of the contract or agreement, the corporation may, at a minimum and as appropriate:
(1)  assess penalties;
(2)  remove the manager of the affected property and select a new manager;
(3)  withdraw reserve funds to make needed repairs and replacements to the property; or
(4)  appoint the corporation as a receiver to protect and operate the property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 291 (H.B. 1818), Sec. 8, eff. September 1, 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 Y. Texas State Affordable Housing Corporation › Section 2306.568. Record of Complaints

Sec. 2306.568.  RECORD OF COMPLAINTS.  (a)  The corporation shall maintain a system to promptly and efficiently act on complaints filed with the corporation.  The corporation shall maintain information about parties to the complaint,  the subject matter of the complaint,  a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The corporation shall make information available describing its procedures for complaint investigation and resolution.
(c)  The corporation shall periodically notify the complaint parties of the status of the complaint until final disposition.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 16, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 291 (H.B. 1818), Sec. 9, eff. September 1, 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 Y. Texas State Affordable Housing Corporation › Section 2306.569. Effective Use of Technology

Sec. 2306.569.  EFFECTIVE USE OF TECHNOLOGY.  The corporation's board of directors shall develop and implement a policy requiring the president of the corporation and corporation employees to research and propose appropriate technological solutions to improve the corporation's ability to perform its functions.  The technological solutions must:
(1)  ensure that the public is able to easily find information about the corporation on the Internet;
(2)  ensure that persons who want to use the corporation's services are able to:
(A)  interact with the corporation through the Internet;  and
(B)  access any service that can be provided effectively through the Internet;  and
(3)  be cost-effective and developed through the corporation's planning processes.
Added by Acts 2003, 78th Leg., ch. 332, Sec. 16, 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 Z. Colonias › Section 2306.581. Definition

Sec. 2306.581.  DEFINITION.  In this subchapter:
(1)  "Colonia" means a geographic area that is located in a county some part of which is within 150 miles of the international border of this state, that 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, and that:
(A)  has a majority population composed of individuals and families of low income and very low income, based on the federal Office of Management and Budget poverty index, and meets the qualifications of an economically distressed area under Section 17.921, Water Code; or
(B)  has the physical and economic characteristics of a colonia, as determined by the department.
(2)  "Community action agency" means a political subdivision, combination of political subdivisions, or nonprofit organization that qualifies as an eligible entity under 42 U.S.C. Section 9902.
Added by Acts 1995, 74th Leg., ch. 1016, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 9, eff. June 15, 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 Z. Colonias › Section 2306.582. Colonia Self-Help Centers: Establishment

Sec. 2306.582.  COLONIA SELF-HELP CENTERS:  ESTABLISHMENT.  (a)  The department shall establish colonia self-help centers in El Paso, Hidalgo, Nueces, Starr, and Webb Counties, and in Cameron County to serve Cameron and Willacy Counties.  If the department determines it necessary and appropriate, the department may establish a self-help center in any other county if the county is designated as an economically distressed area under Chapter 17, Water Code, for purposes of eligibility to receive funds from the Texas Water Development Board.
(b)  The department shall attempt to secure contributions, services, facilities, or operating support from the commissioners court of the county in which the self-help center is located to support the operation of the self-help center.
Added by Acts 1995, 74th Leg., ch. 1016, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 352 (H.B. 2893), 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 Z. Colonias › Section 2306.583. Self-Help Centers: Designation

Sec. 2306.583.  SELF-HELP CENTERS:  DESIGNATION.  (a)  The department shall designate a geographic area for the services provided by each self-help center.
(b)  In consultation with the colonia resident advisory committee and the appropriate self-help center, the department shall designate five colonias in each service area to receive concentrated attention from that center.
(c)  In consultation with the colonia resident advisory committee and the appropriate self-help center, the department may change the designation of colonias made under Subsection (b).
Added by Acts 1995, 74th Leg., ch. 1016, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 2.04, 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 Z. Colonias › Section 2306.584. Colonia Resident Advisory Committee

Sec. 2306.584.  COLONIA RESIDENT ADVISORY COMMITTEE.  (a)  The board shall appoint not fewer than six persons who are residents of colonias to serve on the Colonia Resident Advisory Committee. The members of the advisory committee shall be selected from lists of candidates submitted to the board by local nonprofit organizations and the commissioners court of a county in which a self-help center is located.
(b)  The board shall appoint one committee member to represent each of the counties in which self-help centers are located.  Each committee member:
(1)  must be a resident of a colonia in the county the member represents;  and
(2)  may not be a board member, contractor, or employee of or have any ownership interest in an entity that is awarded a contract under this subchapter.
Added by Acts 1995, 74th Leg., ch. 1016, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 36, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.27, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 352 (H.B. 2893), Sec. 2, 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 Z. Colonias › Section 2306.585. Duties of Colonia Resident Advisory Committee

Sec. 2306.585.  DUTIES OF COLONIA RESIDENT ADVISORY COMMITTEE.  (a)  The Colonia Resident Advisory Committee shall advise the board regarding:
(1)  the needs of colonia residents;
(2)  appropriate and effective programs that are proposed or are operated through the self-help centers;  and
(3)  activities that may be undertaken through the self-help centers to better serve the needs of colonia residents.
(b)  The advisory committee shall meet before the 30th day preceding the date on which a contract is scheduled to be awarded for the operation of a self-help center and may meet at other times.
(c)  The advisory committee shall advise the colonia initiatives coordinator as provided by Section 775.005.
Added by Acts 1995, 74th Leg., ch. 1016, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1234, Sec. 36, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.27, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 351 (S.B. 1202), Sec. 3, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.002(8), eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter Z. Colonias › Section 2306.587. Operation of Self-Help Center; Monitoring

Sec. 2306.587.  OPERATION OF SELF-HELP CENTER;  MONITORING.  (a)  To operate a self-help center, the department shall, subject to the availability of revenue for that purpose, enter into a four-year contract directly with a local nonprofit organization, including a local community action agency that qualifies as an eligible entity under 42 U.S.C. Section 9902, or a local housing authority that has demonstrated the ability to carry out the functions of a self-help center under this subchapter.
(b)  The department is solely responsible for contract oversight and for the monitoring of self-help centers under this subchapter.
(c)  The department and the self-help centers may apply for and receive public or private gifts or grants to enable the centers to achieve their purpose.
Added by Acts 1995, 74th Leg., ch. 1016, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 2.06, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle G - Economic Development Programs Involving Both State and Local Governments › Chapter 2306 - Texas Department of Housing and Community Affairs › Subchapter Z. Colonias › Section 2306.588. Department Liaison to Self-Help Centers

Sec. 2306.588.  DEPARTMENT LIAISON TO SELF-HELP CENTERS.  (a)  The department shall designate appropriate staff in the department to act as liaison to the self-help centers to assist the centers in obtaining funding to enable the centers to carry out the centers' programs.
(b)  The department shall make a reasonable effort to secure an adequate level of funding to provide the self-help centers with funds for low-interest mortgage financing, grants for self-help programs, a revolving loan fund for septic tanks, a tool-lending program, and other activities the department determines are necessary.
Added by Acts 1995, 74th Leg., ch. 1016, Sec. 1, 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 Z. Colonias › Section 2306.589. Colonia Set-Aside Fund

Sec. 2306.589.  COLONIA SET-ASIDE FUND.  (a)  The department shall establish a fund in the department designated as the colonia set-aside fund.  The department may contribute money to the fund from any available source of revenue that the department considers appropriate to implement the purposes of this subchapter, except that the department may not use federal community development block grant money authorized by Title I of the Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et seq.) unless the money is specifically appropriated by the legislature for that purpose.
(b)  The department by rule shall provide that an application for assistance in paying for residential service lines, hookups, and plumbing improvements associated with being connected to a water supply or sewer service system may be submitted after construction of a water supply or sewer service system begins.  The department shall approve or disapprove a timely application before construction of the water supply or sewer service is completed in order to eliminate delay in hookups once construction is completed.  The department and the Texas Water Development Board shall coordinate the application process for hookup funds under this subsection and under Subchapter L, Chapter 15, Water Code, and shall share information elicited by each agency's application procedure in order to avoid duplication of effort and to eliminate the need for applicants to complete different forms with similar information.
(c)  The department may use money in the colonia set-aside fund for specific activities that assist colonias, including:
(1)  the operation and activities of the self-help centers established under this subchapter;
(2)  reimbursement of colonia resident advisory committee members for their reasonable expenses in the manner provided by Chapter 2110 or the General Appropriations Act;  and
(3)  funding for the provision of water and sewer service connections in accordance with Subsection (b).
(d)  The department may review and approve an application for funding from the colonia set-aside fund that advances the policy and goals of the state in addressing problems in the colonias.
Added by Acts 1995, 74th Leg., ch. 1016, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1405, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1367, Sec. 1.28, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1367, Sec. 2.07, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 330, Sec. 16, 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 Z. Colonias › Section 2306.590. Colonia Initiatives Advisory Committee

Sec. 2306.590.  COLONIA INITIATIVES ADVISORY COMMITTEE.  (a)  The Colonia Initiatives Advisory Committee is composed of seven members appointed by the governor as follows:
(1)  one colonia resident;
(2)  one representative of a nonprofit organization that serves colonia residents;
(3)  one representative of a political subdivision that contains all or part of a colonia;
(4)  one person to represent private interests in banking or land development;
(5)  one representative of a nonprofit utility;
(6)  one representative of an engineering consultant firm involved in economically distressed areas program projects under Subchapter K, Chapter 17, Water Code;  and
(7)  one public member.
(b)  Each committee member, except the public member, must reside within 150 miles of the Texas-Mexico border.
(c)  The secretary of state is an ex officio member of the committee.
(d)  The committee shall:
(1)  review the progress of colonia water and wastewater infrastructure projects managed by the Texas Water Development Board and the state agency responsible for administering the portion of the federal community development block grant nonentitlement program that addresses the infrastructure needs of colonias;
(2)  present an update and make recommendations to the board and the Texas Water Development Board annually at a joint meeting regarding:
(A)  efforts to ensure that colonia residents are connected to the infrastructure funded by state agencies;
(B)  the financial, managerial, and technical capabilities of project owners and operators;
(C)  the agencies' management of their colonia programs and the effectiveness of their policies regarding underperforming projects; and
(D)  any other issues related to the effect of state-managed infrastructure programs on colonia residents;
(3)  review public comments regarding the colonia needs assessment incorporated into the state low income housing plan under Section 2306.0721; and
(4)  based on the public comments reviewed under Subdivision (3), recommend to the board new colonia programs or improvements to existing colonia programs.
Added by Acts 2001, 77th Leg., ch. 1234, Sec. 37, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 84 (S.B. 1574), Sec. 1, eff. September 1, 2019.