By: West S.B. No. 109
A BILL TO BE ENTITLED
AN ACT
relating to a housing plan developed and certain housing
information collected and reported by the Texas Department of
Housing and Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 2306.072, Government
Code, is amended to read as follows:
(c) The report must include:
(1) a complete operating and financial statement of
the department;
(2) a comprehensive statement of the activities of the
department during the preceding year to address the needs
identified in the state low income housing plan prepared as
required by Section 2306.0721, including:
(A) a statistical and narrative analysis of the
department's performance in addressing the housing needs of
individuals and families of low and very low income;
(B) the ethnic and racial composition of
individuals and families applying for and receiving assistance from
each housing-related program operated by the department; [and]
(C) the department's progress in meeting the
goals established in the previous housing plan, including goals
established with respect to the populations described by Section
2306.0721(c)(1); and
(D) recommendations on how to improve the
coordination of department services to the populations described by
Section 2306.0721(c)(1);
(3) an explanation of the efforts made by the
department to ensure the participation of individuals of low income
and their community-based institutions in department programs that
affect them;
(4) a statement of the evidence that the department
has made an affirmative effort to ensure the involvement of
individuals of low income and their community-based institutions in
the allocation of funds and the planning process;
(5) a statistical analysis, delineated according to
each ethnic and racial group served by the department, that
indicates the progress made by the department in implementing the
state low income housing plan in each of the uniform state service
regions;
(6) an analysis, based on information provided by the
fair housing sponsor reports required under Section 2306.0724 and
other available data, of fair housing opportunities in each housing
development that receives financial assistance from the department
that includes the following information for each housing
development that contains 20 or more living units:
(A) the street address and municipality or county
in which the property is located;
(B) the telephone number of the property
management or leasing agent;
(C) the total number of units, reported by
bedroom size;
(D) the total number of units, reported by
bedroom size, designed for individuals who are physically
challenged or who have special needs and the number of these
individuals served annually;
(E) the rent for each type of rental unit,
reported by bedroom size;
(F) the race or ethnic makeup of each project;
(G) the number of units occupied by individuals
receiving government-supported housing assistance and the type of
assistance received;
(H) the number of units occupied by individuals
and families of extremely low income, very low income, low income,
moderate income, and other levels of income;
(I) a statement as to whether the department has
been notified of a violation of the fair housing law that has been
filed with the United States Department of Housing and Urban
Development, the Commission on Human Rights, or the United States
Department of Justice; and
(J) a statement as to whether the development has
any instances of material noncompliance with bond indentures or
deed restrictions discovered through the normal monitoring
activities and procedures that include meeting occupancy
requirements or rent restrictions imposed by deed restriction or
financing agreements;
(7) a report on the geographic distribution of low
income housing tax credits, the amount of unused low income housing
tax credits, and the amount of low income housing tax credits
received from the federal pool of unused funds from other states;
and
(8) a statistical analysis, based on information
provided by the fair housing sponsor reports required by Section
2306.0724 and other available data, of average rents reported by
county.
SECTION 2. Subsection (c), Section 2306.0721, Government
Code, is amended to read as follows:
(c) The plan must include:
(1) an estimate and analysis of the size and the
different housing needs of the following populations in each
uniform state service region:
(A) individuals and families of moderate, low,
very low, and extremely low income;
(B) individuals with special needs; [and]
(C) homeless individuals;
(D) veterans;
(E) farmworkers;
(F) youth who are aging out of foster care; and
(G) elderly individuals;
(2) a proposal to use all available housing resources
to address the housing needs of the populations described by
Subdivision (1) by establishing funding levels for all
housing-related programs;
(3) an estimate of the number of federally assisted
housing units available for individuals and families of low and
very low income and individuals with special needs in each uniform
state service region;
(4) a description of state programs that govern the
use of all available housing resources;
(5) a resource allocation plan that targets all
available housing resources to individuals and families of low and
very low income and individuals with special needs in each uniform
state service region;
(6) a description of the department's efforts to
monitor and analyze the unused or underused federal resources of
other state agencies for housing-related services and services for
homeless individuals and the department's recommendations to
ensure the full use by the state of all available federal resources
for those services in each uniform state service region;
(7) strategies to provide housing for individuals and
families with special needs in each uniform state service region;
(8) a description of the department's efforts to
encourage in each uniform state service region the construction of
housing units that incorporate energy efficient construction and
appliances;
(9) an estimate and analysis of the housing supply in
each uniform state service region;
(10) an inventory of all publicly and, where possible,
privately funded housing resources, including public housing
authorities, housing finance corporations, community housing
development organizations, and community action agencies;
(11) strategies for meeting rural housing needs;
(12) a biennial action plan for colonias that:
(A) addresses current policy goals for colonia
programs, strategies to meet the policy goals, and the projected
outcomes with respect to the policy goals; and
(B) includes information on the demand for
contract-for-deed conversions, services from self-help centers,
consumer education, and other colonia resident services in counties
some part of which is within 150 miles of the international border
of this state;
(13) a summary of public comments received at a
hearing under this chapter or from another source that concern the
demand for colonia resident services described by Subdivision (12);
(13-a) information regarding foreclosures of
residential property in this state, including the number and
geographic location of those foreclosures; and
(14) any other housing-related information that the
state is required to include in the one-year action plan of the
consolidated plan submitted annually to the United States
Department of Housing and Urban Development.
SECTION 3. Section 51.0022, Property Code, is repealed.
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, 2013.