SRC-LBB, JEC C.S.S.B. 1474 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1474
By: West, Royce
State Affairs
5/12/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The Fair Housing Act does not prohibit discrimination based on the source
of funding of a proposed housing development.  Opposition to proposed
affordable housing developments is sometimes aimed toward a development
being multi-family housing, but can also be targeted toward it being
state-funded affordable housing.  C.S.S.B. 1474 prohibits discrimination
based on the source of funding for a proposed housing development. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2306.032, Government Code, by adding Subsection
(h) to prohibit the governing board of the Texas Department of Housing and
Community Affairs from considering opposition to a housing development
solely based on the source of funding for the development. 

SECTION 2.  Amends Chapter 250, Local Government Code, by adding Section
250.003, as follows: 

Sec.  250.003.  REGULATION OF HOUSING DEVELOPMENTS.  (a)  Defines "housing
development." 

(b)  Prohibits the governing body of a municipality or county from
regulating the location of a housing development or issuing, modifying, or
denying a permit for a housing development, based on the source of funding
for the development. 

SECTION 3.  Provides that the change in law made by Subsection (h),
Section 2306.032, Government Code, as added by this Act, applies only to
an application for a low income housing tax credit allocation submitted to
the Texas Department of Housing and Community Affairs on or after the
effective date of this Act.  Makes application of this Act prospective. 

SECTION  4.  Effective date:  September 1, 2003.