| 1 | 1 | | 88R21239 AMF-D |
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| 2 | 2 | | By: Lopez of Bexar, et al. H.B. No. 5255 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the collection and publication of affordable housing |
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| 8 | 8 | | information by certain municipalities and the Texas Department of |
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| 9 | 9 | | Housing and Community Affairs. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 371.001(a), Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) The governing body of a municipality with a population |
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| 14 | 14 | | of 900,000 or less may appropriate from its general fund an amount |
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| 15 | 15 | | not to exceed one percent of the general fund budget for that year |
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| 16 | 16 | | for the purpose of: |
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| 17 | 17 | | (1) advertising the municipality and promoting its |
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| 18 | 18 | | growth and development; and |
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| 19 | 19 | | (2) promoting awareness of affordable housing options |
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| 20 | 20 | | in the municipality, including by promoting the database described |
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| 21 | 21 | | by Section 373C.052. |
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| 22 | 22 | | SECTION 2. Section 371.021(a), Local Government Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (a) The governing body of a general-law municipality may |
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| 25 | 25 | | appropriate from its general fund an amount not to exceed five cents |
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| 26 | 26 | | per $100 assessed valuation for the purpose of: |
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| 27 | 27 | | (1) advertising the municipality and promoting its |
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| 28 | 28 | | growth and development; and |
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| 29 | 29 | | (2) promoting awareness of affordable housing options |
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| 30 | 30 | | in the municipality, including by promoting the database described |
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| 31 | 31 | | by Section 373C.052. |
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| 32 | 32 | | SECTION 3. Subtitle A, Title 12, Local Government Code, is |
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| 33 | 33 | | amended by adding Chapter 373C to read as follows: |
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| 34 | 34 | | CHAPTER 373C. COLLECTION AND PUBLICATION OF INFORMATION ON |
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| 35 | 35 | | AFFORDABLE HOUSING AVAILABILITY |
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| 36 | 36 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 37 | 37 | | Sec. 373C.001. DEFINITIONS. In this chapter: |
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| 38 | 38 | | (1) "Affordable housing unit" means: |
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| 39 | 39 | | (A) an income-restricted or income-based housing |
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| 40 | 40 | | unit, including: |
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| 41 | 41 | | (i) a housing unit that may be obtained with |
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| 42 | 42 | | a voucher provided through the housing choice voucher program under |
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| 43 | 43 | | Section 8, United States Housing Act of 1937 (42 U.S.C. Section |
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| 44 | 44 | | 1437f); |
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| 45 | 45 | | (ii) a public housing unit; |
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| 46 | 46 | | (iii) a permanent supportive housing unit |
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| 47 | 47 | | provided through a program operated by the Health and Human |
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| 48 | 48 | | Services Commission; |
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| 49 | 49 | | (iv) a unit that is part of a |
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| 50 | 50 | | service-enriched housing project described by Subchapter NN, |
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| 51 | 51 | | Chapter 2306, Government Code; and |
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| 52 | 52 | | (v) a unit provided through an affordable |
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| 53 | 53 | | housing initiative operated by a municipality; and |
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| 54 | 54 | | (B) a rental housing unit not described by |
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| 55 | 55 | | Paragraph (A) for which rent is not more than 30 percent of the |
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| 56 | 56 | | lowest household income quartile in a municipality. |
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| 57 | 57 | | (2) "Department" means the Texas Department of Housing |
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| 58 | 58 | | and Community Affairs. |
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| 59 | 59 | | Sec. 373C.002. APPLICABILITY. (a) This chapter applies to |
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| 60 | 60 | | a municipality qualified to receive federal grants under the |
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| 61 | 61 | | community development block grant entitlement program authorized |
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| 62 | 62 | | under Title 1 of the Housing and Community Development Act of 1974 |
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| 63 | 63 | | (42 U.S.C. Section 5301 et seq.). |
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| 64 | 64 | | (b) A municipality not described by Subsection (a) may |
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| 65 | 65 | | participate in the collection and publication of affordable housing |
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| 66 | 66 | | information described by Subchapter B. A municipality that elects |
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| 67 | 67 | | to participate is subject to the requirements of this chapter. |
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| 68 | 68 | | SUBCHAPTER B. COLLECTION AND PUBLICATION OF INFORMATION |
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| 69 | 69 | | Sec. 373C.051. ANNUAL MUNICIPAL SURVEY. (a) A |
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| 70 | 70 | | municipality shall conduct an annual survey of all affordable |
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| 71 | 71 | | housing units located in the municipality. The survey must collect |
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| 72 | 72 | | the following information for each unit, as applicable: |
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| 73 | 73 | | (1) the unit type; |
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| 74 | 74 | | (2) the monthly rent; |
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| 75 | 75 | | (3) the estimated monthly cost of basic utilities not |
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| 76 | 76 | | included in the rent amount; |
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| 77 | 77 | | (4) any eligibility requirement, including any |
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| 78 | 78 | | average median income restriction; |
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| 79 | 79 | | (5) the length of any waiting list; |
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| 80 | 80 | | (6) each social service provided to a tenant, |
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| 81 | 81 | | including a supportive service; |
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| 82 | 82 | | (7) the distance to nearby essential services, |
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| 83 | 83 | | including: |
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| 84 | 84 | | (A) public transit stops; |
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| 85 | 85 | | (B) public elementary and secondary schools; |
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| 86 | 86 | | (C) community health centers; |
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| 87 | 87 | | (D) emergency medical facilities; |
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| 88 | 88 | | (E) public safety facilities, including fire |
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| 89 | 89 | | departments or police stations; |
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| 90 | 90 | | (F) community centers; and |
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| 91 | 91 | | (G) food retailers providing grocery items and |
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| 92 | 92 | | fresh produce; |
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| 93 | 93 | | (8) the distance to public community spaces, including |
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| 94 | 94 | | parks, sports facilities, and playgrounds; and |
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| 95 | 95 | | (9) a telephone number, mailing address, and e-mail |
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| 96 | 96 | | address for a prospective tenant to inquire about renting the unit. |
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| 97 | 97 | | (b) A municipality may collect and use the information |
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| 98 | 98 | | required to be collected by Subsection (a) from any available |
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| 99 | 99 | | source, including information collected for a survey conducted by |
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| 100 | 100 | | the municipality in a previous year, provided that the municipality |
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| 101 | 101 | | verifies the information is current and accurate. |
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| 102 | 102 | | (c) A municipality shall provide the information collected |
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| 103 | 103 | | under this section to any state agency that requests the |
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| 104 | 104 | | information. |
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| 105 | 105 | | Sec. 373C.052. DATABASE OF AFFORDABLE HOUSING INFORMATION. |
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| 106 | 106 | | (a) A municipality shall publish the information collected under |
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| 107 | 107 | | Section 373C.051 in a searchable database on a publicly accessible |
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| 108 | 108 | | Internet website and mobile application. The municipality must |
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| 109 | 109 | | ensure that the database enables a person to: |
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| 110 | 110 | | (1) search for an affordable housing unit using the |
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| 111 | 111 | | characteristics described by Section 373C.051(a); |
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| 112 | 112 | | (2) update the database in real time if the person is |
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| 113 | 113 | | authorized by the municipality to do so; and |
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| 114 | 114 | | (3) view the complete survey information collected |
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| 115 | 115 | | under that section. |
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| 116 | 116 | | (b) A municipality shall update the municipality's database |
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| 117 | 117 | | described by Subsection (a) at least annually. |
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| 118 | 118 | | Sec. 373C.053. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY |
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| 119 | 119 | | AFFAIRS POWERS AND DUTIES. (a) The department shall adopt rules |
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| 120 | 120 | | necessary to implement and administer this subchapter, including |
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| 121 | 121 | | rules on the collection, compilation, analysis, and publication of |
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| 122 | 122 | | information on the availability and accessibility of affordable |
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| 123 | 123 | | housing in this state. |
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| 124 | 124 | | (b) The department shall publish reports on the |
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| 125 | 125 | | availability and accessibility of affordable housing in this state |
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| 126 | 126 | | using information collected by municipalities under this |
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| 127 | 127 | | subchapter and other information available to the department. |
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| 128 | 128 | | (c) The department may cooperate with any governmental or |
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| 129 | 129 | | private entity to carry out the department's duties under this |
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| 130 | 130 | | subchapter. |
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| 131 | 131 | | (d) The department may use gifts, grants, donations, or |
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| 132 | 132 | | money appropriated to the department to carry out the department's |
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| 133 | 133 | | duties under this subchapter. |
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| 134 | 134 | | SECTION 4. This Act takes effect September 1, 2023. |
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