By: Lopez of Bexar H.B. No. 5255
A BILL TO BE ENTITLED
AN ACT
relating to the collection and publication of data on affordable
housing by municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 12, Local Government Code, is
amended by adding Chapter 381, to read as follows:
CHAPTER 381. COLLECTION AND PUBLICATION OF DATA ON AFFORDABLE
HOUSING AVAILABILITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 381.001. PURPOSE. The purpose of this chapter is to:
(1) empower residents in need of affordable housing
with a greater awareness of available affordable housing options;
and
(2) provide more standardized, transparent, and
easily accessible affordable housing data to municipal
governments, residents, and private entities; and
(3) promote economic development and equitable access
to affordable housing availability.
Sec. 381.002. DEFINITIONS. In this chapter:
(1) "affordable housing unit" means:
(A) an income-restricted housing unit, such as:
(i) income-restricted housing, including
housing offered by the United States Department of Housing and
Urban Development;
(ii) public housing;
(iii) housing obtained with a voucher
provided through the housing choice voucher program under Section
8, United States Housing Act of 1937 (42 U.S.C. Section 1437f);
(iv) permanent supportive housing provided
by the Health and Human Services Commission;
(v) service-enriched housing provided by
the Texas Department of Housing and Community Affairs;
(vi) housing provided by an affordable
housing initiative operated by a municipality; and
(vii) rental units not described by
Subdivisions (i)-(vi) for which rent is not more than 30 percent of
the lowest household income quartile in a municipality.
(2) "public information" has the meaning assigned by
Section 552.002, Government Code.
Sec. 381.003. APPLICABILITY. This chapter applies only to
municipalities with a total population of 100,000 or more.
SUBCHAPTER B. COLLECTION AND PUBLICATION OF DATA
Sec. 381.051. REQUIREMENT OF ANNUAL SURVEY. (a) The
municipality shall conduct no less frequently than once per
calendar year a survey of all affordable housing units within its
jurisdiction and shall create a complete list of affordable housing
units and maintain that data within a cloud-based data repository
that allows for real-time updates of the housing data by approved
users.
(b) For each unit in the list of affordable housing units
described in Subsection (a), the municipality will also record the
following characteristics, as applicable:
(1) the monthly rent amount organized by unit type and
corresponding average median income (AMI) restriction;
(2) cost of basic utilities not included in the
monthly rent amount;
(3) eligibility requirements for tenants, including
but not limited to those laid out in Section 2306.004(15)-(17),
Government Code;
(4) the length of any waiting list;
(5) distance to essential services;
(6) distance to community spaces, such as public parks
or community centers;
(7) any social services provided for tenants,
including but not limited to those included in the Permanent
Supportive Housing Program as defined in 42 U.S.C. Section
11381-11389 and Texas multifamily programs governed by the Uniform
Multifamily Rules and applicable provisions of the Qualified
Allocation Plan administered by the Texas Department of Housing and
Community affairs under section 10.619 of the Texas Administrative
Code; and
(8) a phone number, mailing address, and electronic
mail address for the current property manager to inquire about
renting the unit.
(c) The municipality may use information collected in
previous surveys conducted in accordance with Subsection (a) or
other information the municipality may have on record, provided
that the municipality confirms such information is up to date.
(d) Any state agency may contact a municipality for the
purpose of requesting any of the information outlined in this
Section regarding affordable housing units within the
municipality's jurisdiction and the municipality shall provide all
pertinent public information in the municipality's records to the
state agency.
Sec. 381.052. PUBLICATION OF DATA. (a) The municipality
shall create a publicly available Internet web application and
publically available mobile application or utilize an existing
publicly accessible Internet web application and publically
available mobile application to make available all public
information collected in the survey outlined in Section 381.051
such that:
(1) prospective tenants can search for individual
affordable housing units and sort them according to the
characteristics outlined in Section 381.051(b); and
(2) the complete survey data set as referenced in Sec.
381.051(a) are available to review.
(b) The municipality shall update the Internet web
application and database described in Subsection (a) as frequently
as new public information outlined in Section 381.051 becomes
available to the municipality.
SECTION 2. Section 371.001(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a municipality with a population
of 900,000 or less may appropriate from its general fund an amount
not to exceed one percent of the general fund budget for that year
for the purpose of:
(1) advertising the municipality and promoting its
growth and development[.]; and
(2) promoting awareness of affordable housing options
within the municipality, including by promoting the Internet
website outlined in Section 381.052, Local Government Code.
SECTION 3. Section 371.021(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a general-law municipality may
appropriate from its general fund an amount not to exceed five cents
per $100 assessed valuation for the purpose of:
(1) advertising the municipality and promoting its
growth and development[.]; and
(2) promoting awareness of affordable housing options
within the municipality, including by promoting the Internet web
application and mobile application outlined in Section 381.052,
Local Government Code.
SECTION 4. This Act takes effect September 1, 2023