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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and publication of affordable housing |
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information by certain municipalities and the Texas Department of |
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Housing and Community Affairs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 371.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) The governing body of a municipality with a population |
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of 900,000 or less may appropriate from its general fund an amount |
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not to exceed one percent of the general fund budget for that year |
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for the purpose of: |
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(1) advertising the municipality and promoting its |
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growth and development; and |
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(2) promoting awareness of affordable housing options |
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in the municipality, including by promoting the database described |
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by Section 373C.052. |
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SECTION 2. Section 371.021(a), Local Government Code, is |
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amended to read as follows: |
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(a) The governing body of a general-law municipality may |
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appropriate from its general fund an amount not to exceed five cents |
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per $100 assessed valuation for the purpose of: |
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(1) advertising the municipality and promoting its |
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growth and development; and |
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(2) promoting awareness of affordable housing options |
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in the municipality, including by promoting the database described |
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by Section 373C.052. |
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SECTION 3. Subtitle A, Title 12, Local Government Code, is |
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amended by adding Chapter 373C to read as follows: |
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CHAPTER 373C. COLLECTION AND PUBLICATION OF INFORMATION ON |
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AFFORDABLE HOUSING AVAILABILITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 373C.001. DEFINITIONS. In this chapter: |
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(1) "Affordable housing unit" means: |
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(A) an income-restricted or income-based housing |
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unit, including: |
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(i) a housing unit that may be obtained with |
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a voucher provided through 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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(ii) a public housing unit; |
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(iii) a permanent supportive housing unit |
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provided through a program operated by the Health and Human |
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Services Commission; |
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(iv) a unit that is part of a |
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service-enriched housing project described by Subchapter NN, |
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Chapter 2306, Government Code; and |
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(v) a unit provided through an affordable |
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housing initiative operated by a municipality; and |
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(B) a rental housing unit not described by |
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Paragraph (A) for which rent is not more than 30 percent of the |
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lowest household income quartile in a municipality. |
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(2) "Department" means the Texas Department of Housing |
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and Community Affairs. |
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Sec. 373C.002. APPLICABILITY. (a) This chapter applies to |
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a municipality qualified to receive federal grants under the |
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community development block grant entitlement program authorized |
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under Title 1 of the Housing and Community Development Act of 1974 |
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(42 U.S.C. Section 5301 et seq.). |
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(b) A municipality not described by Subsection (a) may |
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participate in the collection and publication of affordable housing |
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information described by Subchapter B. A municipality that elects |
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to participate is subject to the requirements of this chapter. |
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SUBCHAPTER B. COLLECTION AND PUBLICATION OF INFORMATION |
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Sec. 373C.051. ANNUAL MUNICIPAL SURVEY. (a) A |
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municipality shall conduct an annual survey of all affordable |
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housing units located in the municipality. The survey must collect |
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the following information for each unit, as applicable: |
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(1) the unit type; |
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(2) the monthly rent; |
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(3) the estimated monthly cost of basic utilities not |
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included in the rent amount; |
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(4) any eligibility requirement, including any |
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average median income restriction; |
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(5) the length of any waiting list; |
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(6) each social service provided to a tenant, |
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including a supportive service; |
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(7) the distance to nearby essential services, |
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including: |
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(A) public transit stops; |
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(B) public elementary and secondary schools; |
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(C) community health centers; |
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(D) emergency medical facilities; |
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(E) public safety facilities, including fire |
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departments or police stations; |
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(F) community centers; and |
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(G) food retailers providing grocery items and |
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fresh produce; |
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(8) the distance to public community spaces, including |
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parks, sports facilities, and playgrounds; and |
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(9) a telephone number, mailing address, and e-mail |
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address for a prospective tenant to inquire about renting the unit. |
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(b) A municipality may collect and use the information |
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required to be collected by Subsection (a) from any available |
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source, including information collected for a survey conducted by |
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the municipality in a previous year, provided that the municipality |
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verifies the information is current and accurate. |
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(c) A municipality shall provide the information collected |
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under this section to any state agency that requests the |
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information. |
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Sec. 373C.052. DATABASE OF AFFORDABLE HOUSING INFORMATION. |
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(a) A municipality shall publish the information collected under |
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Section 373C.051 in a searchable database on a publicly accessible |
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Internet website and mobile application. The municipality must |
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ensure that the database enables a person to: |
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(1) search for an affordable housing unit using the |
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characteristics described by Section 373C.051(a); |
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(2) update the database in real time if the person is |
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authorized by the municipality to do so; and |
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(3) view the complete survey information collected |
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under that section. |
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(b) A municipality shall update the municipality's database |
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described by Subsection (a) at least annually. |
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Sec. 373C.053. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY |
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AFFAIRS POWERS AND DUTIES. (a) The department shall adopt rules |
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necessary to implement and administer this subchapter, including |
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rules on the collection, compilation, analysis, and publication of |
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information on the availability and accessibility of affordable |
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housing in this state. |
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(b) The department shall publish reports on the |
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availability and accessibility of affordable housing in this state |
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using information collected by municipalities under this |
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subchapter and other information available to the department. |
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(c) The department may cooperate with any governmental or |
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private entity to carry out the department's duties under this |
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subchapter. |
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(d) The department may use gifts, grants, donations, or |
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money appropriated to the department to carry out the department's |
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duties under this subchapter. |
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SECTION 4. This Act takes effect September 1, 2023. |