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AN ACT
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relating to financial assistance administered by the Texas |
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Department of Housing and Community Affairs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2306, Government Code, is amended by |
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adding Subchapter NN to read as follows: |
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SUBCHAPTER NN. VOLUNTEER INCOME TAX ASSISTANCE (VITA) GRANT |
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PROGRAM |
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Sec. 2306.1091. DEFINITION. In this subchapter, "volunteer |
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income tax assistance program" means a program operated through a |
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collaboration of the Internal Revenue Service and another entity |
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under which taxpayers eligible for the Free File program receive |
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free assistance in preparing federal income tax returns. |
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Sec. 2306.1092. ESTABLISHMENT OF VOLUNTEER INCOME TAX |
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ASSISTANCE (VITA) GRANT PROGRAM. The department shall establish a |
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volunteer income tax assistance grant program through which the |
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department will award grants each year to support the |
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implementation and operation of volunteer income tax assistance |
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programs. |
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Sec. 2306.1093. ADMINISTRATION OF GRANT PROGRAM. In the |
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year preceding the federal income tax filing season in which grant |
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recipients will operate volunteer income tax assistance programs, |
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the department shall issue a request for proposals to participate |
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in the grant program, select and notify grant recipients, and, on or |
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before November 1, distribute grant program money. |
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Sec. 2306.1094. ELIGIBILITY. To be eligible for a grant, an |
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applicant must be located in this state and be: |
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(1) a nonprofit educational institution, a nonprofit |
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faith-based or community-based organization, or any other |
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nonprofit organization; |
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(2) a political subdivision of this state, including a |
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county or municipality; or |
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(3) a regional or local coalition that has at least one |
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lead organization that meets the criteria specified by Subdivision |
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(1) or (2). |
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Sec. 2306.1095. PERFORMANCE AGREEMENT AND REPORT. Each |
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grant recipient shall enter into an agreement with the department |
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with respect to the use of the grant program money and submit a |
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performance report to the department. |
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Sec. 2306.1096. GRANT PROGRAM FUNDING. (a) To the extent |
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authorized by federal law and subject to the availability of money |
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for this purpose, the department may distribute as grants |
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authorized by this subchapter not more than 0.25 percent of the |
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money received by this state during each state fiscal biennium |
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under the federal Temporary Assistance for Needy Families block |
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grant. |
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(b) The comptroller may transfer money received under the |
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federal Temporary Assistance for Needy Families block grant from |
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the Health and Human Services Commission and the Texas Workforce |
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Commission to the department as necessary to implement this |
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section. |
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(c) In addition to money described by Subsection (a), the |
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department may distribute as grants authorized by this subchapter |
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money received under the community services block grant program and |
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other money that is appropriated for that purpose or designated by |
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the department and otherwise available for that purpose. |
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Sec. 2306.1097. RULES. The board shall adopt rules as |
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necessary to implement this subchapter, including rules providing |
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for a grant application process and for appropriate restrictions on |
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how the grant program money may be used. |
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SECTION 2. Section 2306.111, Government Code, is amended by |
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adding Subsection (k) to read as follows: |
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(k) The department by rule shall: |
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(1) adopt policies to ensure that each housing |
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development that receives financial assistance administered by the |
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department, including financial assistance from the proceeds of |
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bonds issued by the department: |
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(A) reserves a certain number of units in the |
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development for individuals and families of very low income, to the |
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extent that the reservation does not conflict with any requirements |
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for the development under 26 U.S.C. Section 42; and |
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(B) except as otherwise permitted by law, accepts |
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as tenants individuals and families receiving rental assistance |
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under Section 8, United States Housing Act of 1937 (42 U.S.C. |
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Section 1437f), or some other form of rental assistance from a |
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political subdivision of this state or from the state or federal |
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government; and |
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(2) establish enforcement mechanisms with respect to |
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those housing developments that refuse to admit individuals and |
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families as described by Subdivision (1)(B). |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. (a) The change in law made by this Act in adding |
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Section 2306.111(k), Government Code, applies only to an |
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application for financial assistance that is submitted by a housing |
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development to the Texas Department of Housing and Community |
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Affairs on or after January 1, 2010. An application for financial |
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assistance that is submitted by a housing development to the |
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department before January 1, 2010, is governed by the law in effect |
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when the application was submitted, and the former law is continued |
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in effect for that purpose. |
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(b) Not later than December 1, 2009, the Texas Department of |
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Housing and Community Affairs shall adopt the rules required by |
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Section 2306.111(k), Government Code, as added by this Act. |
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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. 2888 was passed by the House on May 7, |
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2009, by the following vote: Yeas 143, Nays 3, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2888 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2888 on May 31, 2009, by the following vote: Yeas 83, |
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Nays 60, 1 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. 2888 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2888 on May 31, 2009, by the following vote: Yeas 31, Nays 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 |