By Ehrhardt                                           H.B. No. 2737
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to filing information about housing designed for persons
 1-3     with disabilities and fair housing sponsor reports by Texas
 1-4     Department of Housing and Community Affairs contractors, providing
 1-5     for filing reports through the Internet and providing penalties for
 1-6     failure to file.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1. Section 2306.077, Government Code, is amended to
 1-9     read as follows:
1-10           Sec. 2306.077.  Internet Availability. (a)  In this section,
1-11     "Internet" means the largest, nonproprietary, nonprofit,
1-12     cooperative, public computer network, popularly known as the
1-13     Internet.
1-14           (b)  The department, to the extent it considers it to be
1-15     feasible and appropriate, shall make information on the
1-16     department's programs, public hearings, and scheduled public
1-17     meetings available to the public on the Internet.
1-18           (c)  The access to information allowed by this section is in
1-19     addition to the public's free access to the information through
1-20     other electronic or print distribution of the information and does
1-21     not alter, diminish, or relinquish any copyright or other
1-22     proprietary interest or entitlement of this state or a private
 2-1     entity under contract with this state.
 2-2           (d)  The department shall provide for the filing through the
 2-3     Internet of annual housing sponsor reports required in Section
 2-4     2306.072.
 2-5           (e)  The department shall establish a system that will allow
 2-6     reporting through the Internet of vacant rental housing units
 2-7     designed for persons with disabilities and funded by the
 2-8     department.
 2-9                 (1)  The department shall require owners of all rental
2-10     occupied housing funded in whole or in part through the programs of
2-11     the department containing twenty (20) of more rental units to
2-12     report the cost and availability of housing that is designed to
2-13     accomodate persons with disabilities.
2-14                       (A)  The system shall permit property owners to
2-15     enter the following data on the department's web site:
2-16                             (i)  the name (if any) of the property;
2-17                             (ii)  the street address of the property;
2-18                             (iii)  the number of bedrooms in the
2-19     apartment or house;
2-20                             (iv)  the monthly rent charged for the
2-21     unit;
2-22                             (v)  the special features that characterize
2-23     the unit's suitability for housing for a person with disabilities;
2-24                             (vi)  the property manager or agent to whom
2-25     calls of inquiry by perspective tenants should be directed;
2-26                             (vii)  whether the units are vacant or
 3-1     occupied.
 3-2                 (3)  This information shall be available to the public
 3-3     by the department in printed and electronic format free of charge.
 3-4                 (2)  The department, by rule, shall establish policies
 3-5     to require posting of the information provided in subsection (A) by
 3-6     all owners of rental occupied housing funded in whole or in part by
 3-7     the department containing twenty (20) or more rental units at least
 3-8     once a month during any month in which a rental unit designed for
 3-9     persons with disabilities becomes vacant.
3-10           SECTION 2.  Section 2306.072, Government Code, is amended to
3-11     read as follows:
3-12           Sec. 2306.072.  Annual Low Income Housing Report. (a)  Not
3-13     later than March 1 of each year, the director shall prepare and
3-14     submit to the board an annual report of the department's housing
3-15     activities for the preceding year.
3-16           (b)  Not later than the 30th day after the date the board
3-17     receives the report, the board shall submit the report to the
3-18     governor, lieutenant governor, speaker of the house of
3-19     representatives, and members of any legislative oversight
3-20     committee.
3-21           (c)  The report must include:
3-22                 (1)  a complete operating and financial statement of
3-23     the department;
3-24                 (2)  a comprehensive statement of the activities of the
3-25     department during the preceding year to address the needs
3-26     identified in the state low income housing plan prepared as
 4-1     required by Section 2306.0721, including:
 4-2                       (A)  a statistical and narrative analysis of the
 4-3     department's performance in addressing the housing needs of
 4-4     individuals and families of low and very low income;
 4-5                       (B)  the ethnic and racial composition of
 4-6     individuals and families applying for and receiving assistance from
 4-7     each housing-related program operated by the department; and
 4-8                       (C)  the department's progress in meeting the
 4-9     goals established in the previous housing plan;
4-10                 (3)  an explanation of the efforts made by the
4-11     department to ensure the participation of individuals of low income
4-12     and their community-based institutions in department programs that
4-13     affect them;
4-14                 (4)  a statement of the evidence that the department
4-15     has made an affirmative effort to ensure the involvement of
4-16     individuals of low income and their community-based institutions in
4-17     the allocation of funds and the planning process;
4-18                 (5)  a statistical analysis, delineated according to
4-19     each ethnic and racial group served by the department, that
4-20     indicates the progress made by the department in implementing the
4-21     state low income housing plan in each of the uniform state service
4-22     regions;
4-23                 (6)  an analysis of fair housing opportunities in each
4-24     housing development that receives financial assistance from the
4-25     department.
4-26                       (A)  The basis of this analysis shall be an
 5-1     annual Fair Housing Sponsor Report that shall be submitted by the
 5-2     owner of each rental property that has received funds from the
 5-3     department that contains 20 or more living units.  The report shall
 5-4     provide accurate reporting of the following information for the
 5-5     property as of January 1 of the reporting year:
 5-6                             (i)  The street address and municipality or
 5-7     county in which the property is located;
 5-8                             (ii)  The total number of units reported by
 5-9     bedroom size;
5-10                             (iii)  The total number of units reported
5-11     by bedroom size that are designed for individuals who are
5-12     physically challenged or who have special needs and the number of
5-13     these individuals served annually as reported by each housing
5-14     sponsor;
5-15                             (iv)  The amount of rent charged for each
5-16     type of rental unit reported by bedroom size;
5-17                             (v)  The race or ethnicity of the heads of
5-18     tenant households;
5-19                             (vi)  The number of households receiving
5-20     rental assistance under the Section 8 rental assistance program
5-21     administered by the US Department of Housing and Urban Development;
5-22                             (vii)  The number of households that are
5-23     extremely low income, very low income, low income, moderate income
5-24     and other income; and
5-25                             (viii)  The telephone number of the
5-26     property management or leasing agent.
 6-1                       (B)  The department, by rule, shall adopt
 6-2     policies and procedures for the filing of the Fair Housing Sponsor
 6-3     Report.  The department shall provide that failure to file a Fair
 6-4     Housing Sponsor Report in a timely manner shall cause a property
 6-5     owner and investors in the property be prohibited from making
 6-6     application for or receiving any funding or program benefit from
 6-7     the department.
 6-8                       (C)  The department shall have the power to fine
 6-9     a housing sponsor up to $1,000 per instance for failure to file or
6-10     late filing of a Fair Housing Sponsor Report.
6-11                       (D)  The department shall maintain this data in
6-12     electronic format and it shall be a public record available to the
6-13     public at no cost.
6-14                       (E)  Utilizing data in the Fair Housing Sponsor
6-15     Reports and other data available to the department the department
6-16     shall prepare:
6-17                       [(F)] (i)  A statistical analysis of average
6-18     rents reported by county;
6-19                       [(G)] (ii)  The race or ethnic makeup of each
6-20     project as reported annually by each housing sponsor;
6-21                       [(H)] (iii)  The number of units occupied by
6-22     individuals receiving government-supported housing assistance as
6-23     reported by each housing sponsor;
6-24                       [(I)] (iv)  A statement as to whether the
6-25     department has been notified of a violation of the fair housing law
6-26     that has been filed with the United States Department of Housing
 7-1     and Urban Development, the Commission on Human Rights, or the
 7-2     United States Department of Justice; and
 7-3                       [(J)] (v)  A statement as to whether the
 7-4     development has any instances of material noncompliance with bond
 7-5     indentures or deed restrictions discovered through the normal
 7-6     monitoring activities and procedures that include meeting occupancy
 7-7     requirements or rent restrictions imposed by deed restriction or
 7-8     financing agreements; and
 7-9                 (7)  a report on the geographic distribution of low
7-10     income housing tax credits, the amount of unused low income housing
7-11     tax credits, and the amount of low income housing tax credits
7-12     received from the federal pool of unused funds from other states.
7-13           SECTION 3.  This Act takes effect September 1, 2001.
7-14           SECTION 4.  The importance of this legislation and the
7-15     crowded condition of the calendars in both houses create an
7-16     emergency and an imperative public necessity that the
7-17     constitutional rule requiring bills to be read on three several
7-18     days in each house be suspended, and this rule is hereby suspended.