By: West S.B. No. 1717
(In the Senate - Filed March 10, 2009; March 20, 2009, read
first time and referred to Committee on Intergovernmental
Relations; April 20, 2009, reported favorably by the following
vote: Yeas 5, Nays 0; April 20, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to prohibition of certain practices by owners of
developments supported with low income housing tax credit
allocations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter DD, Chapter 2306, Government Code, is
amended by adding Section 2306.6736 to read as follows:
Sec. 2306.6736. PROHIBITED PRACTICES. (a) Notwithstanding
any other law, a development owner of a development supported with a
housing tax credit allocation may not:
(1) lock out or threaten to lock out any person
residing in the development except by judicial process unless the
exclusion results from:
(A) a necessity to perform bona fide repairs or
construction work; or
(B) an emergency; or
(2) seize or threaten to seize the personal property
of any person residing in the development except by judicial
process unless the resident has abandoned the premises.
(b) Each development owner shall:
(1) include a conspicuous provision in the lease
agreement prohibiting the owner from engaging in a practice
described by Subsection (a); and
(2) remove in the manner specified by department rule
any provisions in the lease agreement that are contrary to
Subsection (a).
SECTION 2. The Texas Department of Housing and Community
Affairs shall adopt rules as necessary to implement and enforce
Section 2306.6736, Government Code, as added by this Act, not later
than November 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.
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