BILL ANALYSIS

S.B. 267

By: Perry

Urban Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties have expressed concerns regarding some municipal ordinances that have passed or that were proposed for passage that would require private property owners to participate in the federal housing choice voucher program, commonly referred to as the Section 8 program. The parties contend that local governments should not be able to require private property owners to participate in a federal program and explain that the federal program itself is voluntary and does not mandate participation by private property owners. S.B. 267 seeks to address these concerns to ensure that private property owners may voluntarily participate in the Section 8 housing program.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 267 amends the Local Government Code to prohibit a municipality or county from adopting or enforcing an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because of the person's lawful source of income to pay rent, including a federal housing choice voucher. This prohibition does not affect an ordinance or regulation adopted before January 1, 2015.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.