HBA-TYH H.B. 1090 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1090 By: Burnam Urban Affairs 3/15/1999 Introduced BACKGROUND AND PURPOSE Approximately four million Texans live with a disability. Persons with disabilities are more likely to be poor than non-disabled persons and are often unable to secure and maintain employment. Thus, persons with disabilities are likely to have housing cost burdens and housing problems. Currently, the Texas Department of Housing and Community Affairs (department) does not have a rent subsidy program designed for people with disabilities. Additionally, existing barrier removal programs and development of accessible housing stock is not meeting the needs of Texans with disabilities. H.B. 1090 requires the department's housing trust fund to allocate 15 percent of its funds to develop integrated, accessible housing, to provide long-term rent subsidies to those with disabilities, and to remove barriers to accessibility in existing housing. The bill also requires that the housing trust fund prioritize the funding of projects which assist very low income Texans. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the governing board of the Texas Department of Housing and Community Affairs is modified in SECTION 2 (Section 2306.203, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2306.202(a), Government Code, to require at least 15 percent of funds available through the housing trust fund to be set aside in each biennium and made available exclusively to assist individuals with special needs, as defined by Section 2306.511 (Definition). SECTION 2. Amends Section 2306.203, Government Code, as follows: Sec. 2306.203. RULES REGARDING ADMINISTRATION OF HOUSING TRUST FUND. (a) Requires the governing board of the Texas Department of Housing and Community Affairs (board) to adopt rules to give priority to programs that assist individuals and families of very low income and to provide for the administration of funds set aside under Section 2306.202(a) (Use of Housing Trust Fund) to assist individuals with special needs. Makes a conforming change. (b) Requires the rules adopted by the board under Subsection (a)(7) to include rules providing: (1) for a process to set priorities for use of the set-aside funds; (2) for the distribution of the set-aside funds under a request for a proposal process developed and approved by the board; and (3) that the criteria used to rank proposals will include the extent to which the set-aside funds are: (A) directed toward development of integrated, multifamily housing projects in which the funds are used to provide units for individuals with special needs; (B) used to provide rental assistance to individuals with special needs living in single-family or multifamily housing; and (C) used to improve the physical accessibility of existing single-family or multifamily housing to individuals with special needs. SECTION 3.Effective date: September 1, 1999. SECTION 4.Makes application of this Act prospective. SECTION 5.Emergency clause.