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AN ACT
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relating to the administration of programs by the Texas Department |
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of Housing and Community Affairs in response to or in preparation |
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for a natural disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 2306, Government Code, is |
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amended by adding Section 2306.188 to read as follows: |
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Sec. 2306.188. ESTABLISHING HOME OWNERSHIP IN DISASTER |
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AREA. (a) An applicant for federally provided financial |
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assistance administered by the department to repair or rebuild a |
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home damaged by a natural disaster may establish ownership of the |
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home through nontraditional documentation of title. The department |
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shall process an application for that assistance as if the |
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applicant is the record title holder of the affected real property |
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if the applicant provides to the department: |
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(1) on a form prescribed by the department, an |
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affidavit summarizing the basis on which the applicant claims to be |
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the holder of record title or, if applicable, a successor in |
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interest to the holder of record title and stating that: |
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(A) there is no other person entitled to claim |
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any ownership interest in the property; or |
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(B) each person who may be entitled to claim an |
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ownership interest in the property has given consent to the |
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application or cannot be located after a reasonable effort; and |
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(2) other documentation, including tax receipts, |
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utility bills, or evidence of insurance for the home, that |
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indicates that the applicant exercised ownership over the property |
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at the time of the natural disaster. |
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(b) This section does not establish record ownership or |
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otherwise alter legal ownership of real property. |
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(c) The department is not liable to any claimed owner of an |
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interest in real property for administering financial assistance as |
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permitted by this section. |
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SECTION 2. Chapter 2306, Government Code, is amended by |
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adding Subchapter X-2 to read as follows: |
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SUBCHAPTER X-2. NATURAL DISASTER HOUSING RECONSTRUCTION |
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INITIATIVE |
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Sec. 2306.541. NATURAL DISASTER HOUSING RECONSTRUCTION |
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ADVISORY COMMITTEE. (a) The director shall appoint a natural |
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disaster housing reconstruction advisory committee composed of |
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representatives from appropriate local, state, and federal |
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entities and organizations and nonprofit organizations. |
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(b) The advisory committee shall develop a natural disaster |
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housing reconstruction plan. In developing this plan, the advisory |
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committee shall: |
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(1) evaluate existing systems of providing temporary |
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housing to victims of natural disasters and develop alternative |
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systems to increase efficiency and cost-effectiveness; |
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(2) evaluate existing models for providing permanent |
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replacement housing to victims of natural disasters; |
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(3) design alternatives to existing models to improve |
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the sustainability, affordability, desirability, and quality of |
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housing rebuilt in the event of future natural disasters; |
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(4) evaluate economic circumstances of elderly, |
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disabled, and low-income victims of natural disasters and develop |
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models for providing affordable replacement housing; |
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(5) recommend programs for the rapid and efficient |
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large-scale production of temporary and permanent replacement |
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housing following a natural disaster; and |
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(6) encourage the participation, coordination, and |
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involvement of appropriate federal organizations. |
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(c) Chapter 2110 does not apply to the advisory committee. |
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Sec. 2306.542. HOUSING RECONSTRUCTION DEMONSTRATION PILOT |
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PROGRAM. (a) Using the natural disaster housing reconstruction |
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plan developed under this subchapter, the director and advisory |
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committee shall develop, for implementation under Subsections (b) |
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and (c), housing reconstruction demonstration pilot programs for |
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three areas, each of which was affected by one of the three most |
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recent federally declared natural disasters. The pilot programs |
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must provide for the replacement of at least 20 houses in each area |
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to test the feasibility of implementing the plan in the large-scale |
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production of replacement housing for victims of federally declared |
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natural disasters. |
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(b) The department shall provide to an interested council of |
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government, county, or local government eligible for funding for |
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disaster recovery under the community development block grant |
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program: |
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(1) information regarding a pilot program developed |
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under Subsection (a); and |
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(2) assistance in implementing a pilot program |
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developed under Subsection (a). |
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(c) At the discretion of the board, the department may |
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implement a pilot program in any of the three most recently |
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federally declared disaster areas in which a pilot program has not |
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been implemented by a council of government, county, or local |
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government. The department may use any available funds to |
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implement the pilot program. |
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SECTION 3. The purpose of this Act in adding Subchapter X-2, |
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Chapter 2306, Government Code, is to encourage the development of a |
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model plan for future reconstruction efforts to increase the |
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effective and efficient delivery of natural disaster housing |
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recovery services by state agencies. This Act is not meant to delay |
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or otherwise interfere with ongoing reconstruction efforts. |
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SECTION 4. (a) Not later than January 1, 2010, the |
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executive director of the Texas Department of Housing and Community |
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Affairs shall submit the natural disaster housing reconstruction |
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plan developed under Subsection (b), Section 2306.541, Government |
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Code, as added by this Act, to the governing board of the Texas |
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Department of Housing and Community Affairs. |
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(b) Not later than March 1, 2010, the executive director of |
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the Texas Department of Housing and Community Affairs shall provide |
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housing reconstruction demonstration pilot program information to |
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an interested council of government, county, or local government |
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eligible for funding for disaster recovery under the community |
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development block grant program. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2450 was passed by the House on April |
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28, 2009, by the following vote: Yeas 148, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2450 on May 29, 2009, by the following vote: Yeas 145, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2450 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |