88R21239 AMF-D
By: Lopez of Bexar, et al. H.B. No. 5255
Substitute the following for H.B. No. 5255:
By: Lozano C.S.H.B. No. 5255
A BILL TO BE ENTITLED
AN ACT
relating to the collection and publication of affordable housing
information by certain municipalities and the Texas Department of
Housing and Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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
in the municipality, including by promoting the database described
by Section 373C.052.
SECTION 2. 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
in the municipality, including by promoting the database described
by Section 373C.052.
SECTION 3. Subtitle A, Title 12, Local Government Code, is
amended by adding Chapter 373C to read as follows:
CHAPTER 373C. COLLECTION AND PUBLICATION OF INFORMATION ON
AFFORDABLE HOUSING AVAILABILITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 373C.001. DEFINITIONS. In this chapter:
(1) "Affordable housing unit" means:
(A) an income-restricted or income-based housing
unit, including:
(i) a housing unit that may be 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);
(ii) a public housing unit;
(iii) a permanent supportive housing unit
provided through a program operated by the Health and Human
Services Commission;
(iv) a unit that is part of a
service-enriched housing project described by Subchapter NN,
Chapter 2306, Government Code; and
(v) a unit provided through an affordable
housing initiative operated by a municipality; and
(B) a rental housing unit not described by
Paragraph (A) for which rent is not more than 30 percent of the
lowest household income quartile in a municipality.
(2) "Department" means the Texas Department of Housing
and Community Affairs.
Sec. 373C.002. APPLICABILITY. (a) This chapter applies to
a municipality qualified to receive federal grants under the
community development block grant entitlement program authorized
under Title 1 of the Housing and Community Development Act of 1974
(42 U.S.C. Section 5301 et seq.).
(b) A municipality not described by Subsection (a) may
participate in the collection and publication of affordable housing
information described by Subchapter B. A municipality that elects
to participate is subject to the requirements of this chapter.
SUBCHAPTER B. COLLECTION AND PUBLICATION OF INFORMATION
Sec. 373C.051. ANNUAL MUNICIPAL SURVEY. (a) A
municipality shall conduct an annual survey of all affordable
housing units located in the municipality. The survey must collect
the following information for each unit, as applicable:
(1) the unit type;
(2) the monthly rent;
(3) the estimated monthly cost of basic utilities not
included in the rent amount;
(4) any eligibility requirement, including any
average median income restriction;
(5) the length of any waiting list;
(6) each social service provided to a tenant,
including a supportive service;
(7) the distance to nearby essential services,
including:
(A) public transit stops;
(B) public elementary and secondary schools;
(C) community health centers;
(D) emergency medical facilities;
(E) public safety facilities, including fire
departments or police stations;
(F) community centers; and
(G) food retailers providing grocery items and
fresh produce;
(8) the distance to public community spaces, including
parks, sports facilities, and playgrounds; and
(9) a telephone number, mailing address, and e-mail
address for a prospective tenant to inquire about renting the unit.
(b) A municipality may collect and use the information
required to be collected by Subsection (a) from any available
source, including information collected for a survey conducted by
the municipality in a previous year, provided that the municipality
verifies the information is current and accurate.
(c) A municipality shall provide the information collected
under this section to any state agency that requests the
information.
Sec. 373C.052. DATABASE OF AFFORDABLE HOUSING INFORMATION.
(a) A municipality shall publish the information collected under
Section 373C.051 in a searchable database on a publicly accessible
Internet website and mobile application. The municipality must
ensure that the database enables a person to:
(1) search for an affordable housing unit using the
characteristics described by Section 373C.051(a);
(2) update the database in real time if the person is
authorized by the municipality to do so; and
(3) view the complete survey information collected
under that section.
(b) A municipality shall update the municipality's database
described by Subsection (a) at least annually.
Sec. 373C.053. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS POWERS AND DUTIES. (a) The department shall adopt rules
necessary to implement and administer this subchapter, including
rules on the collection, compilation, analysis, and publication of
information on the availability and accessibility of affordable
housing in this state.
(b) The department shall publish reports on the
availability and accessibility of affordable housing in this state
using information collected by municipalities under this
subchapter and other information available to the department.
(c) The department may cooperate with any governmental or
private entity to carry out the department's duties under this
subchapter.
(d) The department may use gifts, grants, donations, or
money appropriated to the department to carry out the department's
duties under this subchapter.
SECTION 4. This Act takes effect September 1, 2023.