HB1063 - Relating to the creation of tenant legal services offices by local governments to assist low-income residential tenants in eviction cases and in cases involving discrimination based on the tenants' disabilities.

  89R3334 MZM-F     By: Bhojani H.B. No. 1063       A BILL TO BE ENTITLED   AN ACT   relating to the creation of tenant legal services offices by local   governments to assist low-income residential tenants in eviction   cases and in cases involving discrimination based on the tenants'   disabilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 5, Local Government Code, is   amended by adding Chapter 181 to read as follows:   CHAPTER 181. TENANT LEGAL SERVICES OFFICE           Sec. 181.001.  DEFINITIONS. In this chapter:                 (1)     "Brief legal assistance" means individualized   legal assistance provided in a single consultation by a tenant   legal services office to a tenant.                 (2)     "Disability" has the meaning assigned by Section   301.003, Property Code.                 (3)     "Full legal representation" means ongoing legal   services provided by a tenant legal services office to a tenant,   including court filings and appearances and other legal advice,   advocacy, or assistance associated with a tenant's case.                 (4)     "Indigent" means having earnings that are not more   than 200 percent of the income standard established by applicable   federal poverty guidelines.                 (5)     "Local government" means a municipality or county   or any combination of municipalities or counties.                 (6)     "Low-income" means having earnings that are not   more than 400 percent of the income standard established by   applicable federal poverty guidelines.                 (7)     "Reasonable accommodation" is a change,   exception, or adjustment to a rule, policy, practice, or service   that may be necessary for a tenant with disabilities to have an   equal opportunity to use and enjoy a dwelling, including public and   common use spaces.                 (8)     "Reasonable modification" means a reasonable   structural change made to existing premises that may be necessary   for a tenant with disabilities to have full enjoyment of a dwelling,   including public and common use spaces.           Sec.   181.002.     TENANT LEGAL SERVICES OFFICE. (a) A local   government may create a tenant legal services office to provide   legal representation and services to tenants as provided by   Subsection (b).           (b)  A tenant legal services office may provide:                 (1)  full legal representation to a tenant:                       (A)     in a residential eviction case if the tenant   is indigent; or                       (B)     in a case involving a violation of Section   301.025, Property Code, if the tenant is a low-income individual   with a disability; or                 (2)     brief legal assistance to a tenant in a   residential eviction case if the tenant is a low-income individual.           (c)     A local government may establish a department of the   local government or by contract may designate a nonprofit   corporation to serve as the tenant legal services office for the   local government.           (d)     Any combination of municipalities or counties may agree   by entering into an interlocal contract under Chapter 791,   Government Code, to jointly implement or administer a tenant legal   services office under this chapter.           (e)     A local government by ordinance, order, or interlocal   contract may adopt rules and procedures necessary to implement this   chapter.           Sec.   181.003.     PROPOSALS BY NONPROFIT CORPORATIONS. (a)   Before contracting with a nonprofit corporation to serve as a   tenant legal services office, a local government shall solicit   proposals for the office.           (b)     A local government shall require a written plan from a   nonprofit corporation proposing to serve as a tenant legal services   office.           (c)  The written plan must include:                 (1)     a budget for the tenant legal services office,   including salaries;                 (2)     a description of each personnel position,   including the director of legal services position;                 (3)     the maximum allowable caseload for each attorney   employed by the office;                 (4)  provisions for personnel training;                 (5)     a description of anticipated overhead costs for   the office; and                 (6)     a policy to ensure that the director of legal   services and other attorneys employed by the office do not provide   representation to a tenant if doing so would create a conflict of   interest that has not been waived by the client.           (d)     After considering each proposal submitted by a   nonprofit corporation to a local government under this section, the   local government shall select a proposal that reasonably   demonstrates that the proposed tenant legal services office will   provide adequate quality representation for tenants in disputes   described by Section 181.002(b).           (e)     The total cost of a proposal may not be the sole   consideration in selecting the proposal.           Sec.   181.004.     DIRECTOR OF LEGAL SERVICES. A tenant legal   services office must be directed by a director of legal services   who:                 (1)  is a member of the State Bar of Texas;                 (2)  has practiced law for at least three years; and                 (3)     has substantial experience in the practice of   landlord-tenant law.           Sec.   181.005.     FUNDING. (a)   A tenant legal services office   is entitled to receive funds for personnel costs and expenses   incurred in operating the office in amounts determined by the local   government and paid out of the appropriate local fund.           (b)     This chapter does not authorize a local government to   disburse, administer, or otherwise allocate funds received by the   local government from the basic civil legal services account   established under Section 51.943, Government Code, to create or   operate a tenant legal services office.           Sec.   181.006.     EMPLOYEES. (a) A tenant legal services   office may employ attorneys and other personnel necessary to   perform the duties of the office as specified by the local   government.           (b)     The director of a tenant legal services office must   designate at least one employee of the office to assist tenants with   disabilities in obtaining compliance with laws that apply to   housing for tenants with disabilities.           Sec.   181.007.     DENIAL OF REPRESENTATION. A tenant legal   services office may not represent a tenant if:                 (1)     a conflict of interest exists that has not been   waived by the client;                 (2)     the office has insufficient resources to provide   adequate representation for the tenant;                 (3)     the office is incapable of providing   representation for the tenant in accordance with the rules of   professional conduct; or                 (4)     the office shows other good cause for not   accepting the request for representation by the tenant.           Sec.   181.008.     INVESTIGATION OF FINANCIAL CONDITION. A   tenant legal services office may investigate the financial   condition of a tenant who requests representation by the office.           Sec.   181.009.     PUBLIC HEARING. (a) The director of a tenant   legal services office shall hold an annual public hearing to   receive recommendations about the office.           (b)     Not later than the 30th day before the date of the   hearing, the director shall:                 (1)  provide notice of the hearing:                       (A)  to each interested party and official; and                       (B)     by publishing the notice in a newspaper of   general circulation in the local government;                 (2)     provide a copy of the notice to an appropriate   officer or employee of the local government who shall post the   notice:                       (A)     in each department or office of the local   government responsible for providing social services for the   residents of the local government; and                       (B)     if the local government maintains an Internet   website, on:                             (i)     the website of the local government;   and                             (ii)     if applicable, each webpage of the   website dedicated to a department or office described by Paragraph   (A); and                 (3)     provide a copy of the notice to an appropriate   officer or employee of each local court that has original   jurisdiction over eviction cases or cases regarding violations of   Section 301.025, Property Code, who shall post the notice in an   appropriate place at the court on behalf of the director.           (c)     The director shall produce a transcript of the hearing   and post the transcript on the local government's Internet website   not later than the 30th day after the date of the hearing.           Sec.   181.010.     REPORT. Not later than September 1 of each   even-numbered year, the director of a tenant legal services office   shall submit a report to the governing body of the local government   and post the report on the local government's Internet website that   contains the following information that relates to the office for   the preceding two years:                 (1)     the estimated number of tenants in the office's   jurisdiction that are eligible for legal services;                 (2)     the number of tenants that received legal   services, disaggregated by the following characteristics of the   tenants, if voluntarily disclosed by the tenant:                       (A)  household size;                       (B)  estimated length of t [Text truncated for display. Full text available on Congress.gov.]