81R26538 JAM-F
By: Martinez H.B. No. 2888
Substitute the following for H.B. No. 2888:
By: Kent C.S.H.B. No. 2888
A BILL TO BE ENTITLED
AN ACT
relating to recipients of financial assistance administered by the
Texas Department of Housing and Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.111, Government Code, is amended by
adding Subsection (k) to read as follows:
(k) The department by rule shall:
(1) adopt policies to ensure that each housing
development that receives financial assistance administered by the
department, including financial assistance from the proceeds of
bonds issued by the department:
(A) reserves a certain number of units in the
development for individuals and families of very low income, to the
extent that the reservation does not conflict with any requirements
for the development under 26 U.S.C. Section 42; and
(B) except as otherwise permitted by law, accepts
as tenants individuals and families receiving rental assistance
under Section 8, United States Housing Act of 1937 (42 U.S.C.
Section 1437f), or some other form of rental assistance from a
political subdivision of this state or from the state or federal
government; and
(2) establish enforcement mechanisms with respect to
those housing developments that refuse to admit individuals and
families as described by Subdivision (1)(B).
SECTION 2. Section 301.021, Property Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A person may not discriminate against another person
in the terms, conditions, or privileges of the rental of a dwelling
or in providing services or facilities in connection with the
rental of a dwelling because the other person receives a rent
subsidy or other public assistance from a political subdivision of
this state or from the state or federal government.
SECTION 3. (a) The change in law made by this Act in adding
Section 2306.111(k), Government Code, applies only to an
application for financial assistance that is submitted by a housing
development to the Texas Department of Housing and Community
Affairs on or after January 1, 2010. An application for financial
assistance that is submitted by a housing development to the
department before January 1, 2010, is governed by the law in effect
when the application was submitted, and the former law is continued
in effect for that purpose.
(b) Not later than December 1, 2009, the Texas Department of
Housing and Community Affairs shall adopt the rules required by
Section 2306.111(k), Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2009.