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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a program administered by the |
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Texas Department of Housing and Community Affairs and certain |
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county housing authorities to incentivize landlords to accept |
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tenants participating in the housing choice voucher program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 2306, Government Code, is |
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amended by adding Section 2306.2586 to read as follows: |
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Sec. 2306.2586. HOUSING MOBILITY PROGRAM; LOANS AND GRANTS. |
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(a) The department shall establish a housing mobility program to |
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provide to county housing authorities of counties with a population |
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of more than 500,000 loans and grants to incentivize landlords to |
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accept tenants participating in the housing choice voucher program |
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under Section 8, United States Housing Act of 1937 (42 U.S.C. |
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Section 1437f). |
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(b) The department may use any available revenue, including |
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legislative appropriations, appropriation transfers from the |
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trusteed programs within the office of the governor, including |
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authorized appropriations from the Texas Enterprise Fund, |
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available federal funds, and any other statutorily authorized and |
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appropriate funding sources transferred from the trusteed programs |
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within the office of the governor, to provide loans and grants under |
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the housing mobility program created under this section. The |
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department shall solicit and accept gifts and grants for the |
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purposes of this section. The department shall use gifts and grants |
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received for the purposes of this section before using any other |
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revenue. |
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(c) The department shall adopt rules to govern the |
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administration of the program, including rules that: |
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(1) provide for the allocation of any available |
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funding; and |
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(2) provide detailed guidelines regarding the scope of |
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the local programs in the counties described by Subsection (a). |
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SECTION 2. Subchapter D, Chapter 392, Local Government |
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Code, is amended by adding Section 392.068 to read as follows: |
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Sec. 392.068. HOUSING MOBILITY PROGRAM IN CERTAIN COUNTIES. |
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(a) A county housing authority in a county with a population of |
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more than 500,000 may apply for and receive loans or grants provided |
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by the Texas Department of Housing and Community Affairs through |
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the housing mobility program established under Section 2306.2586, |
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Government Code, for purposes of incentivizing landlords to accept |
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tenants participating in the housing choice voucher program under |
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Section 8, United States Housing Act of 1937 (42 U.S.C. Section |
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1437f). |
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(b) An authority shall recruit families and landlords to |
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participate in the housing mobility program and shall coordinate |
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the implementation of housing mobility services to assist the |
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movement of tenants described by Subsection (a) from multifamily |
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housing into single-family housing under that program. |
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(c) A landlord may participate in the program only if the |
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landlord agrees to provide, for a period of not less than three |
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years, housing in single-family homes to families that: |
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(1) hold housing choice vouchers or are on the housing |
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choice voucher waitlist; or |
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(2) are homeless or at risk of becoming homeless and |
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qualify for housing choice vouchers. |
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(d) An authority shall: |
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(1) conduct an initial inspection and annual |
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subsequent inspections of each single-family home a landlord |
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proposes to include in the program; and |
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(2) coordinate with that landlord with respect to the |
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time and date of each inspection. |
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(e) An authority shall prepare and make publicly available |
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an inspection checklist that: |
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(1) includes a complete list specifying each item that |
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is required to be inspected for inclusion of the home in the |
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program, to determine whether the item is in satisfactory |
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condition; and |
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(2) clearly and conspicuously categorizes each listed |
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item as an item that: |
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(A) is required to be in satisfactory condition |
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for the property to pass inspection; |
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(B) may be in noncompliance only if the landlord |
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agrees to bring the item into compliance not later than the 30th day |
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after the date of the inspection; or |
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(C) may be in noncompliance only if the landlord |
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agrees to bring the item into compliance before the next annual |
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inspection. |
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(f) An authority may award to a landlord a grant in an amount |
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not to exceed $5,000 to be used to rehabilitate, for purposes of an |
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initial inspection, any single-family home the landlord proposes to |
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include in the program. A landlord may not receive more than one |
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grant under this section for each single-family home proposed for |
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inclusion in the program by the landlord. If a home for which a |
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landlord received a grant under this section does not pass the |
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initial inspection, the landlord must repay the grant not later |
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than the 30th day after the date of the failed inspection. |
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(g) An authority shall screen and rank prospective tenants |
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based on: |
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(1) credit history; |
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(2) residential references; |
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(3) criminal history; |
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(4) civil judgment history; |
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(5) employment verification; |
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(6) household income; |
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(7) a personal interview with the applicant and any |
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co-applicant; |
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(8) a personal statement by the applicant regarding |
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other household members; |
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(9) responses to questions tailored to the specific |
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applicant; and |
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(10) any additional criteria recommended by landlords |
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participating in the program. |
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(h) A prospective tenant who ranks in the top 10 percent of |
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applicants in the rankings described by Subsection (g) is |
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automatically eligible to participate in the program. |
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(i) An authority shall: |
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(1) require tenants in the program to attend a class |
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that presents information regarding: |
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(A) lease requirements and landlord |
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expectations; |
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(B) clarification of tenant liabilities |
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regarding repairs and maintenance; |
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(C) the importance of property management and |
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lawn maintenance; |
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(D) the role of neighborhood associations and |
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home ownership associations; |
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(E) utility assistance programs; |
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(F) early departure consequences; |
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(G) the tenant eviction process; and |
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(H) the lease renewal process; and |
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(2) produce and mail to tenants a quarterly newsletter |
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containing the same information presented in the class under |
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Subdivision (1). |
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(j) For a single-family home that is subject to the program, |
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a landlord may not charge rent that exceeds: |
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(1) 120 percent of the median rent for similar units in |
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the same zip code, if the property is located in a school district |
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assigned an overall performance rating of A or B for the most |
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recently completed school year by the commissioner of education |
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under Section 39.054, Education Code; or |
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(2) 100 percent of the median rent for similar units in |
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the same zip code, if the property is located in a school district |
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assigned an overall performance rating of C, D, or F for the most |
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recently completed school year by the commissioner of education |
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under Section 39.054, Education Code. |
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(k) An authority shall: |
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(1) collect the tenant's rental deposit and share of |
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the first month's rent and deliver the deposit amount and full |
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amount of the first month's rent to the landlord on or before the |
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move-in date; |
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(2) deliver the full amount of the monthly rent to the |
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landlord on or before the first day of each month; and |
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(3) collect the tenant's share of the monthly rent |
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within the first five days of the month. |
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(l) An authority shall receive all complaints by tenants and |
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landlords and seek amicable and timely resolutions to complaints. |
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(m) If an action of or failure to take action by a tenant |
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results in an unpaid fine, fee, or charge assessed by a neighborhood |
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association, homeowners association, municipal department, county |
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agency, utility company, or other legal entity against a landlord |
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with respect to a single-family home that is included in the |
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program, the authority shall: |
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(1) pay the fine, fee, or charge; or |
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(2) reimburse the landlord for the payment of the |
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fine, fee, or charge not later than the 30th day after the date the |
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landlord makes the payment. |
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(n) An authority may initiate an eviction proceeding due to |
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late payment, nonpayment, noncompliance with the lease, written |
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request of the landlord, or any other reason considered appropriate |
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and legal by the authority. |
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(o) A tenant shall provide notice of any departure or |
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nonrenewal of a lease on or before the 30th day before the tenant |
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vacates a single-family home under the program. |
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(p) In addition to any other amount paid under this section, |
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an authority may pay to a landlord an amount not to exceed: |
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(1) two months' rent for lost rent due to tenant |
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eviction, early lease termination, or last minute nonrenewal of a |
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lease; and |
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(2) $2,500 to repair tenant-caused property damage if |
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the repair costs exceed the tenant's security deposit. |
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SECTION 3. The Texas Department of Housing and Community |
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Affairs shall establish the housing mobility program required under |
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Section 2306.2586, Government Code, as added by this Act, not later |
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than January 1, 2022. |
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SECTION 4. This Act takes effect September 1, 2021. |