Texas Government Code Title 10, Chapter 2304 - Housing Rehabilitation

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 2304.001 - Short Title
  This chapter may be cited as the Texas Housing Rehabilitation Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
• Texas Section 2304.002 - Purposes
  (a) The purposes of this chapter are to provide a means by which the deterioration of housing and the decline of residential areas throughout the...
• Texas Section 2304.003 - Definitions
  In this chapter: (1) "Borrower" means a household whose application for a housing rehabilitation loan is approved under this chapter by a local government. (2)...
• Texas Section 2304.004 - General Powers Of Department
  (a) The department has the powers necessary or appropriate to carry out the purposes of this chapter. (b) The department may: (1) make an agreement...
• Texas Section 2304.005 - Authority Of Department To Adopt Minimum Housing Code Standards
  The department shall adopt the minimum housing, building, fire, and related code standards that apply in designated areas for which a housing rehabilitation plan is...
• Texas Section 2304.006 - Limitation On Construction Of Housing Or Acquisition Of Property By Department
  (a) The department may not construct housing. (b) The department may not acquire housing except to enforce a lien under Subchapter D. Added by Acts...
• Texas Section 2304.007 - Prohibition On Borrowing, Incurring Obligations, Or Pledging Credit
  The department may not borrow money, incur monetary obligations, or pledge in any manner the credit or taxing power of the state or a political...
• Texas Section 2304.008 - Allocation Of Available Loan Funds
  If the amount of housing rehabilitation loans anticipated to be made in a fiscal year exceeds the estimated available funds for that year, the department...
• Texas Section 2304.009 - Relationship Of Department And Local Governments
  (a) The department shall adopt standards and procedures for the administration of this chapter by a local government or local agency. (b) The department may...
• Texas Section 2304.010 - Designation Of Local Agency By Local Government
  The governing body of a local government may designate one or more local agencies to exercise a power or duty of the local government under...

SUBCHAPTER B HOUSING REHABILITATION LOAN FUND

• Texas Section 2304.011 - Education Program Conducted By Local Government
  A local government engaged in housing rehabilitation under this chapter shall conduct a general education program to inform residents in designated areas of methods for...
• Texas Section 2304.021 - Fund
  (a) The Texas housing rehabilitation loan fund is in the state treasury. (b) The department may designate separate accounts in the fund and the purposes...
• Texas Section 2304.022 - Deposits To Fund
  The following money shall be credited to the fund: (1) money appropriated by the legislature for housing rehabilitation loans; (2) money received from other sources...
• Texas Section 2304.023 - Purposes Of Fund
  The fund may be used only for: (1) financing housing rehabilitation loans, including the administrative charge imposed under Section 2304.068 by a local government; and...

SUBCHAPTER C HOUSING REHABILITATION AREA PLAN

• Texas Section 2304.024 - Investment And Disbursement Of Fund
  The comptroller shall invest and disburse the money credited to the fund on the written authorization of the executive director of the department. Added by...
• Texas Section 2304.041 - Designation Of Area And Preparation Of Plan
  (a) A local government may allow households in a specific area within its boundaries to apply for housing rehabilitation loans by: (1) designating the specific...
• Texas Section 2304.042 - Contents Of Area Plan
  A housing rehabilitation area plan must contain relevant information about the area, including: (1) a description of the physical, social, and economic characteristics of the...
• Texas Section 2304.043 - Approval Of Area Plan
  (a) A local government's area plan must be approved by resolution or order of the governing body of the local government and must be submitted...

SUBCHAPTER D HOUSING REHABILITATION LOANS

• Texas Section 2304.044 - Rejection Of Area Plan
  (a) The department shall return a housing rehabilitation area plan to the local government submitting it if the area for which the plan is prepared...
• Texas Section 2304.061 - Primary Use For Loan
  A housing rehabilitation loan must be used primarily to make housing comply with applicable state, county, or municipal housing codes or standards, including building, fire,...
• Texas Section 2304.062 - Department Loan Rules
  (a) The department shall adopt rules governing the making and servicing of a housing rehabilitation loan and the foreclosure of a loan in default. The...
• Texas Section 2304.063 - Loan Application
  A household may apply to the local government in which the household's housing is located for a housing rehabilitation loan if the housing is located...
• Texas Section 2304.064 - Local Government Approval Of Loan
  (a) A local government may approve or disapprove a housing rehabilitation loan application authorized by Section 2304.063. The approval or disapproval must be given in...
• Texas Section 2304.065 - Department Approval
  The department may not approve a housing rehabilitation loan unless it finds that: (1) the benefit to an area designated under Section 2304.041 will exceed...
• Texas Section 2304.066 - Disbursement Of Loan Funds
  (a) The executive director of the department shall authorize the comptroller to disburse to a local government from the housing rehabilitation loan fund the amount...
• Texas Section 2304.067 - Limit On Amount Of Loan
  The amount of a housing rehabilitation loan may not exceed: (1) the amount determined by subtracting the amount of all other outstanding indebtedness secured by...
• Texas Section 2304.068 - Administrative Charge Imposed By Local Government
  (a) A local government may impose a charge to cover its administrative expenses incurred in connection with a housing rehabilitation loan made by the local...
• Texas Section 2304.069 - Interest Rate
  (a) The department shall set the minimum and maximum interest rates for housing rehabilitation loans. (b) A local government shall set the interest rate for...
• Texas Section 2304.070 - Term Of Loan
  A local government shall set the term of a housing rehabilitation loan it approves under this chapter. The term may not exceed 20 years. Added...
• Texas Section 2304.071 - Installment Payments
  A housing rehabilitation loan must be repaid in installments. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
• Texas Section 2304.072 - Loan To Be Secured
  A housing rehabilitation loan must be secured as required by this chapter and the rules adopted under this chapter. Added by Acts 1993, 73rd Leg.,...
• Texas Section 2304.073 - Other Loan Conditions
  For a housing rehabilitation loan a local government approves under this chapter, the local government shall establish other necessary conditions relating to the repayment of...
• Texas Section 2304.074 - Adjustments If Borrower Unable To Repay Loan
  A local government may allow for the deferment of payments or may adjust the interest rate or term of a housing rehabilitation loan approved by...
• Texas Section 2304.075 - Disposition Or Encumbrance Of Property By Borrower
  The department may adopt regulations governing the disposition or further encumbrance by the borrower of property subject to a lien that secures a housing rehabilitation...
• Texas Section 2304.076 - Conditions Under Which Loan Becomes Immediately Due
  (a) A borrower must agree that if the borrower voluntarily destroys, moves from, or relinquishes ownership of the rehabilitated housing on or before the first...
• Texas Section 2304.077 - Acquisition Of Property To Protect Loan
  The department may acquire title to any project by foreclosure if necessary to protect a housing rehabilitation loan made for the project by the department...
• Texas Section 2304.078 - Acquisition Of Property To Enforce Lien
  To enforce a lien under this chapter, the department may acquire housing by: (1) foreclosure of a mortgage; (2) a sale under a deed of...
• Texas Section 2304.079 - Public Sale Or Auction Of Acquired Property
  (a) If the department acquires housing in the enforcement of a lien under this chapter, it shall within six months after the acquisition offer the...
• Texas Section 2304.080 - Private Sale
  (a) If a sale of property cannot be made by a public sale or auction as provided by Section 2304.079, the department may negotiate with...
• Texas Section 2304.081 - Contract For Servicing Loan
  A local government may contract with any entity for the servicing of a housing rehabilitation loan approved by the local government. Added by Acts 1993,...

SUBCHAPTER E HOUSING REHABILITATION CONTRACTS

• Texas Section 2304.082 - Audit Of Loans
  The department shall audit the local administration of housing rehabilitation loans to determine if a good faith effort is being made to comply with the...
• Texas Section 2304.101 - Standards For Contractors And Contracts
  The department shall adopt standards for: (1) the selection of contractors to perform housing rehabilitation under this chapter; (2) housing rehabilitation contracts between borrowers and...
• Texas Section 2304.102 - Local Government Approval And Supervision Of Contracts
  (a) A borrower and a contractor may not contract for housing rehabilitation that is to be financed by a housing rehabilitation loan unless the local...
• Texas Section 2304.103 - Advertising Requirement For Certain Contracts
  A contract for housing rehabilitation that involves the expenditure of more than $3,000 and that is to be financed by loan funds applied by the...
• Texas Section 2304.104 - Performance And Payment Bonds
  The provisions of Chapter 2253 relating to performance and payment bonds apply to a construction contract governed by this subchapter. Added by Acts 1993, 73rd...

Last modified: September 28, 2016