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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibition of certain practices by owners of |
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developments supported with low income housing tax credit |
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allocations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter DD, Chapter 2306, Government Code, is |
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amended by adding Section 2306.6736 to read as follows: |
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Sec. 2306.6736. PROHIBITED PRACTICES. (a) Notwithstanding |
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any other law, a development owner of a development supported with a |
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housing tax credit allocation may not: |
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(1) lock out or threaten to lock out any person |
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residing in the development except by judicial process unless the |
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exclusion results from: |
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(A) a necessity to perform bona fide repairs or |
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construction work; or |
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(B) an emergency; or |
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(2) seize or threaten to seize the personal property |
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of any person residing in the development except by judicial |
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process unless the resident has abandoned the premises. |
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(b) Each development owner shall: |
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(1) include a conspicuous provision in the lease |
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agreement prohibiting the owner from engaging in a practice |
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described by Subsection (a); and |
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(2) remove in the manner specified by department rule |
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any provisions in the lease agreement that are contrary to |
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Subsection (a). |
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SECTION 2. The Texas Department of Housing and Community |
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Affairs shall adopt rules as necessary to implement and enforce |
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Section 2306.6736, Government Code, as added by this Act, not later |
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than November 1, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |