Texas 2023 - 88th Regular

Texas House Bill HB1523 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7312 JAM-F
2	2	By: Campos H.B. No. 1523
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a program administered by the
8	8	Texas Department of Housing and Community Affairs and certain
9	9	county housing authorities to incentivize landlords to accept
10	10	tenants participating in the housing choice voucher program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter K, Chapter 2306, Government Code, is
13	13	amended by adding Section 2306.2586 to read as follows:
14	14	Sec. 2306.2586. HOUSING MOBILITY PROGRAM; LOANS AND GRANTS.
15	15	(a) The department shall establish a housing mobility program to
16	16	provide to county housing authorities of counties with a population
17	17	of more than 500,000 loans and grants to incentivize landlords to
18	18	accept tenants participating in the housing choice voucher program
19	19	under Section 8, United States Housing Act of 1937 (42 U.S.C.
20	20	Section 1437f).
21	21	(b) The department may use any available revenue, including
22	22	legislative appropriations, appropriation transfers from the
23	23	trusteed programs within the office of the governor, including
24	24	authorized appropriations from the Texas Enterprise Fund,
25	25	available federal funds, and any other statutorily authorized and
26	26	appropriate funding sources transferred from the trusteed programs
27	27	within the office of the governor, to provide loans and grants under
28	28	the housing mobility program created under this section. The
29	29	department shall solicit and accept gifts and grants for the
30	30	purposes of this section. The department shall use gifts and grants
31	31	received for the purposes of this section before using any other
32	32	revenue.
33	33	(c) The department shall adopt rules to govern the
34	34	administration of the program, including rules that:
35	35	(1) provide for the allocation of any available
36	36	funding; and
37	37	(2) provide detailed guidelines regarding the scope of
38	38	the local programs in the counties described by Subsection (a).
39	39	SECTION 2. Subchapter D, Chapter 392, Local Government
40	40	Code, is amended by adding Section 392.068 to read as follows:
41	41	Sec. 392.068. HOUSING MOBILITY PROGRAM IN CERTAIN COUNTIES.
42	42	(a) A county housing authority in a county with a population of
43	43	more than 500,000 may apply for and receive loans or grants provided
44	44	by the Texas Department of Housing and Community Affairs through
45	45	the housing mobility program established under Section 2306.2586,
46	46	Government Code, for purposes of incentivizing landlords to accept
47	47	tenants participating in the housing choice voucher program under
48	48	Section 8, United States Housing Act of 1937 (42 U.S.C. Section
49	49	1437f).
50	50	(b) An authority shall recruit families and landlords to
51	51	participate in the housing mobility program and shall coordinate
52	52	the implementation of housing mobility services to assist the
53	53	movement of tenants described by Subsection (a) from multifamily
54	54	housing into single-family housing under that program.
55	55	(c) A landlord may participate in the program only if the
56	56	landlord agrees to provide, for a period of not less than three
57	57	years, housing in single-family homes to families that:
58	58	(1) hold housing choice vouchers or are on the housing
59	59	choice voucher waitlist; or
60	60	(2) are homeless or at risk of becoming homeless and
61	61	qualify for housing choice vouchers.
62	62	(d) An authority shall:
63	63	(1) conduct an initial inspection and annual
64	64	subsequent inspections of each single-family home a landlord
65	65	proposes to include in the program; and
66	66	(2) coordinate with that landlord with respect to the
67	67	time and date of each inspection.
68	68	(e) An authority shall prepare and make publicly available
69	69	an inspection checklist that:
70	70	(1) includes a complete list specifying each item that
71	71	is required to be inspected for inclusion of the home in the
72	72	program, to determine whether the item is in satisfactory
73	73	condition; and
74	74	(2) clearly and conspicuously categorizes each listed
75	75	item as an item that:
76	76	(A) is required to be in satisfactory condition
77	77	for the property to pass inspection;
78	78	(B) may be in noncompliance only if the landlord
79	79	agrees to bring the item into compliance not later than the 30th day
80	80	after the date of the inspection; or
81	81	(C) may be in noncompliance only if the landlord
82	82	agrees to bring the item into compliance before the next annual
83	83	inspection.
84	84	(f) An authority may award to a landlord a grant in an amount
85	85	not to exceed $5,000 to be used to rehabilitate, for purposes of an
86	86	initial inspection, any single-family home the landlord proposes to
87	87	include in the program. A landlord may not receive more than one
88	88	grant under this section for each single-family home proposed for
89	89	inclusion in the program by the landlord. If a home for which a
90	90	landlord received a grant under this section does not pass the
91	91	initial inspection, the landlord must repay the grant not later
92	92	than the 30th day after the date of the failed inspection.
93	93	(g) An authority shall screen and rank prospective tenants
94	94	based on:
95	95	(1) credit history;
96	96	(2) residential references;
97	97	(3) criminal history;
98	98	(4) civil judgment history;
99	99	(5) employment verification;
100	100	(6) household income;
101	101	(7) a personal interview with the applicant and any
102	102	co-applicant;
103	103	(8) a personal statement by the applicant regarding
104	104	other household members;
105	105	(9) responses to questions tailored to the specific
106	106	applicant; and
107	107	(10) any additional criteria recommended by landlords
108	108	participating in the program.
109	109	(h) A prospective tenant who ranks in the top 10 percent of
110	110	applicants in the rankings described by Subsection (g) is
111	111	automatically eligible to participate in the program.
112	112	(i) An authority shall:
113	113	(1) require tenants in the program to attend a class
114	114	that presents information regarding:
115	115	(A) lease requirements and landlord
116	116	expectations;
117	117	(B) clarification of tenant liabilities
118	118	regarding repairs and maintenance;
119	119	(C) the importance of property management and
120	120	lawn maintenance;
121	121	(D) the role of neighborhood associations and
122	122	home ownership associations;
123	123	(E) utility assistance programs;
124	124	(F) early departure consequences;
125	125	(G) the tenant eviction process; and
126	126	(H) the lease renewal process; and
127	127	(2) produce and mail to tenants a quarterly newsletter
128	128	containing the same information presented in the class under
129	129	Subdivision (1).
130	130	(j) For a single-family home that is subject to the program,
131	131	a landlord may not charge rent that exceeds:
132	132	(1) 120 percent of the median rent for similar units in
133	133	the same zip code, if the property is located in a school district
134	134	assigned an overall performance rating of A or B for the most
135	135	recently completed school year by the commissioner of education
136	136	under Section 39.054, Education Code; or
137	137	(2) 100 percent of the median rent for similar units in
138	138	the same zip code, if the property is located in a school district
139	139	assigned an overall performance rating of C, D, or F for the most
140	140	recently completed school year by the commissioner of education
141	141	under Section 39.054, Education Code.
142	142	(k) An authority shall:
143	143	(1) collect the tenant's rental deposit and share of
144	144	the first month's rent and deliver the deposit amount and full
145	145	amount of the first month's rent to the landlord on or before the
146	146	move-in date;
147	147	(2) deliver the full amount of the monthly rent to the
148	148	landlord on or before the first day of each month; and
149	149	(3) collect the tenant's share of the monthly rent
150	150	within the first five days of the month.
151	151	(l) An authority shall receive all complaints by tenants and
152	152	landlords and seek amicable and timely resolutions to complaints.
153	153	(m) If an action of or failure to take action by a tenant
154	154	results in an unpaid fine, fee, or charge assessed by a neighborhood
155	155	association, homeowners association, municipal department, county
156	156	agency, utility company, or other legal entity against a landlord
157	157	with respect to a single-family home that is included in the
158	158	program, the authority shall:
159	159	(1) pay the fine, fee, or charge; or
160	160	(2) reimburse the landlord for the payment of the
161	161	fine, fee, or charge not later than the 30th day after the date the
162	162	landlord makes the payment.
163	163	(n) An authority may initiate an eviction proceeding due to
164	164	late payment, nonpayment, noncompliance with the lease, written
165	165	request of the landlord, or any other reason considered appropriate
166	166	and legal by the authority.
167	167	(o) A tenant shall provide notice of any departure or
168	168	nonrenewal of a lease on or before the 30th day before the tenant
169	169	vacates a single-family home under the program.
170	170	(p) In addition to any other amount paid under this section,
171	171	an authority may pay to a landlord an amount not to exceed:
172	172	(1) two months' rent for lost rent due to tenant
173	173	eviction, early lease termination, or last minute nonrenewal of a
174	174	lease; and
175	175	(2) $2,500 to repair tenant-caused property damage if
176	176	the repair costs exceed the tenant's security deposit.
177	177	SECTION 3. The Texas Department of Housing and Community
178	178	Affairs shall establish the housing mobility program required under
179	179	Section 2306.2586, Government Code, as added by this Act, not later
180	180	than January 1, 2024.
181	181	SECTION 4. This Act takes effect September 1, 2023.