Texas 2009 - 81st Regular

Texas Senate Bill SB1717 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1717
2	2
3	3
4	4	AN ACT
5	5	relating to regulation of owners of developments supported with low
6	6	income housing tax credit allocations and of housing sponsors of
7	7	certain multifamily housing developments.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter L, Chapter 2306, Government Code, is
10	10	amended by adding Section 2306.2631 to read as follows:
11	11	Sec. 2306.2631. REPORTS BY SPONSORS OF CERTAIN MULTIFAMILY
12	12	HOUSING DEVELOPMENTS. (a) This section applies only to a housing
13	13	sponsor of a multifamily housing development that:
14	14	(1) receives financial assistance from the state;
15	15	(2) receives financial assistance from the federal
16	16	government, including an allocation of low income housing tax
17	17	credits; or
18	18	(3) is subject to a land use restriction agreement.
19	19	(b) The department by rule shall require the housing sponsor
20	20	of a multifamily housing development to submit a quarterly report
21	21	to the department. The report must include information that
22	22	identifies:
23	23	(1) the number of vacant units in the development at
24	24	the time of the report; and
25	25	(2) the number of days that each unit has been vacant.
26	26	(c) The department shall provide to each member of the
27	27	legislature, on request of that member, a report that disaggregates
28	28	the information collected under Subsection (b) by zip code in the
29	29	member's district.
30	30	SECTION 2. Subchapter DD, Chapter 2306, Government Code, is
31	31	amended by adding Section 2306.6736 to read as follows:
32	32	Sec. 2306.6736. PROHIBITED PRACTICES.
33	33	(a) Notwithstanding any other law, a development owner of a
34	34	development supported with a housing tax credit allocation may not:
35	35	(1) lock out or threaten to lock out any person
36	36	residing in the development except by judicial process unless the
37	37	exclusion results from:
38	38	(A) a necessity to perform bona fide repairs or
39	39	construction work; or
40	40	(B) an emergency; or
41	41	(2) seize or threaten to seize the personal property
42	42	of any person residing in the development except by judicial
43	43	process unless the resident has abandoned the premises.
44	44	(b) Each development owner shall:
45	45	(1) include a conspicuous provision in the lease
46	46	agreement prohibiting the owner from engaging in a practice
47	47	described by Subsection (a); and
48	48	(2) remove in the manner specified by department rule
49	49	any provisions in the lease agreement that are contrary to
50	50	Subsection (a).
51	51	SECTION 3. The Texas Department of Housing and Community
52	52	Affairs shall adopt rules as necessary to implement and enforce
53	53	Section 2306.6736, Government Code, as added by this Act, not later
54	54	than November 1, 2009.
55	55	SECTION 4. This Act takes effect September 1, 2009.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I hereby certify that S.B. No. 1717 passed the Senate on
59	59	April 27, 2009, by the following vote: Yeas 28, Nays 3; and that
60	60	the Senate concurred in House amendment on May 29, 2009, by the
61	61	following vote: Yeas 28, Nays 3.
62	62	______________________________
63	63	Secretary of the Senate
64	64	I hereby certify that S.B. No. 1717 passed the House, with
65	65	amendment, on May 18, 2009, by the following vote: Yeas 89,
66	66	Nays 52, one present not voting.
67	67	______________________________
68	68	Chief Clerk of the House
69	69	Approved:
70	70	______________________________
71	71	Date
72	72	______________________________
73	73	Governor