S.B. No. 1717
AN ACT
relating to regulation of owners of developments supported with low
income housing tax credit allocations and of housing sponsors of
certain multifamily housing developments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 2306, Government Code, is
amended by adding Section 2306.2631 to read as follows:
Sec. 2306.2631. REPORTS BY SPONSORS OF CERTAIN MULTIFAMILY
HOUSING DEVELOPMENTS. (a) This section applies only to a housing
sponsor of a multifamily housing development that:
(1) receives financial assistance from the state;
(2) receives financial assistance from the federal
government, including an allocation of low income housing tax
credits; or
(3) is subject to a land use restriction agreement.
(b) The department by rule shall require the housing sponsor
of a multifamily housing development to submit a quarterly report
to the department. The report must include information that
identifies:
(1) the number of vacant units in the development at
the time of the report; and
(2) the number of days that each unit has been vacant.
(c) The department shall provide to each member of the
legislature, on request of that member, a report that disaggregates
the information collected under Subsection (b) by zip code in the
member's district.
SECTION 2. 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 3. 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 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1717 passed the Senate on
April 27, 2009, by the following vote: Yeas 28, Nays 3; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1717 passed the House, with
amendment, on May 18, 2009, by the following vote: Yeas 89,
Nays 52, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor