81R9412 GCB-D By: Davis of Dallas H.B. No. 3536 A BILL TO BE ENTITLED AN ACT relating to requiring the Texas Department of Housing and Community Affairs to determine certain demographic information regarding the occupancy of multiunit residential properties; requiring applicants for certain tax credits to provide certain demographic information. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 2306, Government Code, is amended by adding Section 2306.189 to read as follows: Sec. 2306.189. DUTY TO REPORT TO UNITED STATES CENSUS BUREAU. (a) In this section, "multiunit residential property" has the meaning assigned by Section 125.001, Civil Practice and Remedies Code. (b) The department shall determine the occupancy of multiunit residential properties in this state and annually forward that information to the United States Census Bureau. (c) In determining the occupancy of multiunit residential properties, the department must collect the following information for each census tract in this state: (1) the number of units in each multiunit residential property; and (2) the number of occupants in each unit of a multiunit residential property. (d) The department may send other statistical information to the United States Census Bureau if the department determines the information will assist the bureau in conducting a census. (e) The owner of a multiunit residential property must submit to the department the information required by Subsection (c) and other information requested by the department. (f) The department shall adopt rules as necessary to implement this section. SECTION 2. Subchapter DD, Chapter 2306, Government Code, is amended by adding Section 2306.6736 to read as follows: Sec. 2306.6736. REQUIREMENT TO REPORT CERTAIN CENSUS INFORMATION. The department by rule may require an applicant to provide information relating to the number of units and the occupancy of each unit in a housing development as a condition of receiving or retaining a housing tax credit under this chapter. SECTION 3. The Texas Department of Housing and Community Affairs shall develop the method for collecting information relating to the occupancy of multiunit residential properties as required by Section 2306.189, Government Code, as added by this Act, not later than January 1, 2010. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.